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Updated almost 3 years ago on . Most recent reply presented by

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Scott Osterloh
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Can I ask Property Manager to remove this from contract

Scott Osterloh
Posted

We're looking to take on a property manager.  I've been through their contract.  Everything looks good except for this clause.  Its basically saying well come to the PMs legal defense for any screw up they make (except for big mistakes).  Is this something I can ask them to remove?

"OWNER agrees to promptly and diligently defend, at OWNER’S sole expense, any claim, legal action or other proceeding brought against AGENT arising from the management of PREMISES for any error of judgment, or for any mistake of fact or law, or for anything which AGENT may do or refrain from doing hereinafter, except in the case of AGENT’S willful misconduct and/or gross negligence. OWNER agrees to reimburse AGENT for any monies which AGENT expends in connection with, or in defense of, any claim, civil or criminal action proceeding, charge or prosecution made, insinuated, or maintained against AGENT, or OWNER and AGENT jointly or severally."

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