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Updated about 10 years ago on . Most recent reply

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78
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David Cook
  • Real Estate Investor
  • Nashville, TN
44
Votes |
78
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Questionable clause in management agreement?

David Cook
  • Real Estate Investor
  • Nashville, TN
Posted

I was looking through a local property manager's contract and I found the following clause that seemed a bit suspect to me:

"Owner shall pay all expenses incurred by Agent, including, but not limited to, reasonable attorneys’ fees and Agent’s costs and time, and any liability fines, penalties or the like, in connection with any claim, proceeding, or suit involving an alleged violation by Agent of Owner, or both, or any law pertaining to fair employment, environment protection, rent control, taxes or fair housing; including but not limited to, any law prohibiting or making illegal discrimination on the basis of race, sex, creed, color, religion, nation origin, or mental or physical handicap. Owner shall pay reasonable expenses incurred by Agent in obtaining legal advice regarding compliance with any law affecting the premises or activities of such."

According to my reading of that passage I would be agreeing to pay any legal costs the agent incurred as a result of violating fair housing laws.  Is this normal or am I misreading something.  All thoughts appreaciated

Most Popular Reply

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5,659
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Elizabeth Colegrove
  • Hanford, CA
1,832
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5,659
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Elizabeth Colegrove
  • Hanford, CA
Replied

LOL - And this is why I self-manage. Okay I now that attitude doesn't help!

That is exactly how I would interrupt the contract. I know when we looked at hiring a manager there was alot of questionable stuff. They had agree to alter it when we were looking so until it is signed everything is up for alteration :)

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