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Updated over 2 years ago on . Most recent reply

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Jayne Florez
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Property management contract question regarding legal feels

Jayne Florez
Posted

We have been trying to find a property manager for our 3 bed/2 bath home in Las Vegas.  However, having contacted three different PMCs, they all have language in their contracts stating that if the Property Management company is sued by another party in connection with the lease, we, the owners, have to pay the legal fees to defend them.  There is no cap on the fees, and they can hire any attorney of their choosing.  So, for example, if they go into the house, harass the tenants, the tenant sues them, we have to pay their legal defense.  This could bankrupt us.  We have asked if that clause can be deleted, or amended in some way, and pointed out that surely they have to have professional liability insurance that would cover such an eventuality, but they all refuse.  One even told us his contract was "state provided" and could not be changed.  Is this really the case??  We need a PMC ASAP but just cannot sign such a contract that leaves us so vulnerable.

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Jayne Florez:

I think you need to consult an attorney so you better understand the clause. I'm reading it right now and it essentially says you will pay all fines, penalties, and other expenses if you violate the law. If the Broker is found to be at fault, then the Broker pays the fees.


  • Nathan Gesner
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