## Hold Harmless Agreement for a Real Estate Agent

### Table of Contents

1. Introduction
2. Definitions
3. Hold Harmless Agreement
4. Indemnification
5. Limitation of Liability
6. Governing Law and Dispute Resolution
7. Entire Agreement
8. Severability
9. Notices
10. Waiver
11. Binding Effect
12. Conclusion

### Introduction

This Hold Harmless Agreement ("Agreement") is made and entered into as of [Date] by and between [Name of Real Estate Agent], a [State] [Entity Type], with a principal place of business at [Address] ("Agent"), and [Name of Client], residing at [Address] ("Client").

### Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

* **"Agent"** means [Name of Real Estate Agent], as defined above.
* **"Client"** means [Name of Client], as defined above.
* **"Property"** means the real property located at [Address] that is the subject of this Agreement.
* **"Transaction"** means the purchase, sale, lease, or other transfer of the Property.

### Hold Harmless Agreement

The Client hereby agrees to hold harmless, indemnify, and defend the Agent, its officers, directors, employees, agents, and representatives (collectively, the "Agent Parties") from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

* Any act or omission of the Client in connection with the Transaction.
* Any breach of this Agreement by the Client.
* Any claim or demand made by any third party arising out of or relating to the Transaction.

### Indemnification

The Client agrees to indemnify and hold harmless the Agent Parties from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

* Any act or omission of the Client in connection with the Transaction.
* Any breach of this Agreement by the Client.
* Any claim or demand made by any third party arising out of or relating to the Transaction.

### Limitation of Liability

The Agent shall not be liable for any damages, losses, or expenses arising out of or relating to the Transaction, including but not limited to:

* Any loss of profits.
* Any loss of use.
* Any loss of data.
* Any indirect, incidental, consequential, or punitive damages.

### Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995.

### Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

### Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

### Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to Agent:
[Name of Real Estate Agent]
[Address]

If to Client:
[Name of Client]
[Address]

### Waiver

No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

### Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

### Conclusion

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

**[Signature of Agent]**

**[Name of Agent]**

**[Signature of Client]**

**[Name of Client]**

**[Date]**

**[Date]**

**Please note:** This is a sample Hold Harmless Agreement and may not be suitable for all situations. It is recommended that you consult with an attorney to ensure that this Agreement is appropriate for your specific needs.


## Real Estate Hold Harmless Agreement

This Real Estate Hold Harmless Agreement ("Agreement") is made and entered into as of [Date], by and between [Real Estate Agent Name], residing at [Real Estate Agent Address] ("Agent"), and [Client Name], residing at [Client Address] ("Client").

### 1. Introduction

This Agreement is intended to protect the Agent from any liability arising from the Client's use of the Agent's services in connection with the purchase, sale, or lease of real estate.

### 2. Services

The Agent agrees to provide the Client with real estate services, including but not limited to:

* **Property Search:** Assisting the Client in finding suitable properties that meet their specific requirements.
* **Negotiations:** Representing the Client in negotiations with sellers, buyers, or landlords.
* **Documentation:** Preparing and reviewing real estate contracts and other relevant documents.
* **Market Analysis:** Providing the Client with information about the real estate market and property values.

### 3. Hold Harmless

The Client agrees to hold harmless, indemnify, and defend the Agent, its officers, directors, employees, agents, and representatives from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

* **The Client's use of the Agent's services.**
* **The Client's actions or omissions in connection with the purchase, sale, or lease of real estate.**
* **Any breach of this Agreement by the Client.**

### 4. Disclaimer of Warranties

The Agent makes no warranties, express or implied, with respect to the services provided under this Agreement. The Agent specifically disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement.

### 5. Limitation of Liability

The Agent's liability to the Client under this Agreement shall be limited to the amount of fees paid by the Client to the Agent. The Agent shall not be liable for any indirect, incidental, consequential, or punitive damages, even if the Agent has been advised of the possibility of such damages.

### 6. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

### 7. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995. The arbitration shall be held in Nairobi, Kenya.

### 8. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

### 9. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

### 10. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to the Agent:

[Real Estate Agent Name]
[Real Estate Agent Address]

If to the Client:

[Client Name]
[Client Address]

### 11. Waiver

No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

### 12. Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

### 13. Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

**[Real Estate Agent Signature]**

**[Real Estate Agent Name]**

**[Client Signature]**

**[Client Name]**

### Table of Contents

1. Introduction
2. Services
3. Hold Harmless
4. Disclaimer of Warranties
5. Limitation of Liability
6. Governing Law
7. Dispute Resolution
8. Entire Agreement
9. Severability
10. Notices
11. Waiver
12. Binding Effect
13. Counterparts

### TLDR

This Real Estate Hold Harmless Agreement protects the real estate agent from any liability arising from the client's use of the agent's services. The client agrees to hold the agent harmless for any claims, demands, losses, liabilities, costs, and expenses arising from their actions or omissions in connection with the purchase, sale, or lease of real estate.

### Sources

* [Arbitration Act, 1995](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%204%20of%201995)

---

### Sample Real Estate Hold Harmless Agreement

**Real Estate Hold Harmless Agreement**

This Real Estate Hold Harmless Agreement ("Agreement") is made and entered into as of [Date], by and between [Real Estate Agent Name], residing at [Real Estate Agent Address] ("Agent"), and [Client Name], residing at [Client Address] ("Client").

**1. Introduction**

This Agreement is intended to protect the Agent from any liability arising from the Client's use of the Agent's services in connection with the purchase, sale, or lease of real estate.

**2. Services**

The Agent agrees to provide the Client with real estate services, including but not limited to:

* **Property Search:** Assisting the Client in finding suitable properties that meet their specific requirements.
* **Negotiations:** Representing the Client in negotiations with sellers, buyers, or landlords.
* **Documentation:** Preparing and reviewing real estate contracts and other relevant documents.
* **Market Analysis:** Providing the Client with information about the real estate market and property values.

**3. Hold Harmless**

The Client agrees to hold harmless, indemnify, and defend the Agent, its officers, directors, employees, agents, and representatives from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

* **The Client's use of the Agent's services.**
* **The Client's actions or omissions in connection with the purchase, sale, or lease of real estate.**
* **Any breach of this Agreement by the Client.**

**4. Disclaimer of Warranties**

The Agent makes no warranties, express or implied, with respect to the services provided under this Agreement. The Agent specifically disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement.

**5. Limitation of Liability**

The Agent's liability to the Client under this Agreement shall be limited to the amount of fees paid by the Client to the Agent. The Agent shall not be liable for any indirect, incidental, consequential, or punitive damages, even if the Agent has been advised of the possibility of such damages.

**6. Governing Law**

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

**7. Dispute Resolution**

Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995. The arbitration shall be held in Nairobi, Kenya.

**8. Entire Agreement**

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

**9. Severability**

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

**10. Notices**

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to the Agent:

[Real Estate Agent Name]
[Real Estate Agent Address]

If to the Client:

[Client Name]
[Client Address]

**11. Waiver**

No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

**12. Binding Effect**

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

**13. Counterparts**

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

**[Real Estate Agent Signature]**

**[Real Estate Agent Name]**

**[Client Signature]**

**[Client Name]**

---


### Real Estate Hold Harmless Agreement for a Real Estate Agent

---

#### Table of Contents

1. Introduction
2. Definitions
3. Agreement
   1. Scope of Agreement
   2. Indemnification
   3. Waiver of Liability
4. Obligations of the Parties
   1. Obligations of the Real Estate Agent
   2. Obligations of the Client
5. Term and Termination
6. Governing Law
7. Dispute Resolution
8. Miscellaneous Provisions
9. Signatures

---

### 1. Introduction

This Real Estate Hold Harmless Agreement (hereinafter referred to as the "Agreement") is made and entered into on this [Date] by and between:

**[Client's Full Name]**, residing at [Client's Address] (hereinafter referred to as the "Client"), and

**[Real Estate Agent's Full Name]**, a licensed real estate agent with [Real Estate Agency Name], located at [Real Estate Agency Address] (hereinafter referred to as the "Agent").

The Client and the Agent are collectively referred to as the "Parties" and individually as a "Party."

### 2. Definitions

- **Hold Harmless**: A clause in a contract that absolves one party from responsibility for certain types of damages or losses.
- **Indemnify**: To compensate for harm or loss.
- **Client**: The individual or entity engaging the services of the real estate agent.
- **Agent**: The licensed real estate professional providing services to the Client.

### 3. Agreement

#### 3.1 Scope of Agreement

The Client agrees to engage the services of the Agent for the purpose of [describe the purpose, e.g., buying, selling, or leasing real estate property]. The Agent agrees to provide these services in accordance with the terms and conditions set forth in this Agreement.

#### 3.2 Indemnification

The Client agrees to indemnify, defend, and hold harmless the Agent from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorney's fees) arising out of or in connection with:

- Any breach by the Client of any representation, warranty, or covenant contained in this Agreement.
- Any negligent or wrongful act or omission by the Client.
- Any claims made by third parties arising out of the Client's use of the Agent's services.

#### 3.3 Waiver of Liability

The Client hereby waives any and all claims, demands, and causes of action against the Agent for any and all losses, damages, or injuries of any kind arising out of or in connection with the services provided by the Agent, except to the extent such losses, damages, or injuries are caused by the gross negligence or willful misconduct of the Agent.

### 4. Obligations of the Parties

#### 4.1 Obligations of the Real Estate Agent

The Agent agrees to:

- Provide professional real estate services to the Client in accordance with applicable laws and regulations.
- Act in the best interests of the Client and provide honest and accurate information.
- Maintain confidentiality of all information provided by the Client, except as required by law.

#### 4.2 Obligations of the Client

The Client agrees to:

- Provide accurate and complete information to the Agent.
- Cooperate with the Agent in the performance of their duties.
- Comply with all applicable laws and regulations related to the real estate transaction.

### 5. Term and Termination

This Agreement shall commence on the date first written above and shall continue until the completion of the real estate transaction or until terminated by either Party upon [number] days' written notice to the other Party.

### 6. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Kenya.

### 7. Dispute Resolution

In the event of any dispute arising out of or in connection with this Agreement, the Parties shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiations, the Parties agree to submit the dispute to mediation before resorting to litigation.

### 8. Miscellaneous Provisions

- **Entire Agreement**: This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and representations, whether oral or written.
- **Amendments**: Any amendments to this Agreement must be in writing and signed by both Parties.
- **Severability**: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- **Waiver**: No waiver of any provision of this Agreement shall be deemed a waiver of any other provision, nor shall any waiver constitute a continuing waiver.

### 9. Signatures

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.

---

**Client:**

__________________________  
[Client's Full Name]  
[Client's Address]  
[Date]

**Real Estate Agent:**

__________________________  
[Real Estate Agent's Full Name]  
[Real Estate Agency Name]  
[Real Estate Agency Address]  
[Date]

---

### Conclusion

This Real Estate Hold Harmless Agreement is designed to protect the real estate agent from liability arising from the services provided to the client. It outlines the responsibilities and obligations of both parties, ensuring a clear understanding of the terms and conditions of the engagement. By signing this Agreement, both parties acknowledge their acceptance of these terms and agree to abide by them.

### TLDR

A Real Estate Hold Harmless Agreement protects the real estate agent from liability related to the services provided to the client. It includes indemnification, waiver of liability, and outlines the obligations of both parties. The agreement is governed by Kenyan law and includes provisions for dispute resolution.

---

Sources:
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/index.xql)
- [Legal Templates](https://legaltemplates.net/form/hold-harmless-indemnity-agreement/)
- [Investopedia](https://www.investopedia.com/terms/h/hold-harmless-clause.asp)

Write a Real Estate Hold Harmless Agreement for a real estate agent

Ask a lawyer: Write a Real Estate Hold Harmless Agreement for a real estate agent

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Write a Real Estate Hold Harmless Agreement for a real estate agent