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All Forum Posts by: Rodney McDaniel

Rodney McDaniel has started 1 posts and replied 4 times.

Originally posted by @Laticia Braxton:

Hi Rodney,

The majority of the language is pretty standard, but I would definitely strike the sentence eliminating them from errors of judgement. They should have an E&O policy which would, in theory, protect them if necessary.

I see you are a newbie.  Are you an out of state investor? Is there any particular reason why you are hiring a PM instead of managing your first property yourself?

Laticia

Latica, thank you for your response. I am out of state. I relocated for work and I am wanting to rent my home out instead of selling. I am wanting to build a real estate portfolio and this seems like the best time to start. I am far enough away from the home that it would be challenging to rent on my own.

Originally posted by @William Joseph:

It is standard language. I agree with the above poster, it is one-sided. If you were going to negotiate you would negotiate a negligence standard of care. I don't like the paragraph below regarding mistake of law either.


"The PMIC also shall not be liable for any error of judgement (sic) or for any
mistake of fact or law or for anything which PMIC may do or refrain from
doing, hereinafter, except in cases of willful misconduct or gross
negligence."

Ok. It seems the PMIC should have knowledge of the law of they are licensed and running a property management company. I will speak with them concerning this....

Thanks,

Rodney

Originally posted by @Bjorn Ahlblad:

It is very one sided and onerous but pretty standard. 

 Thanks for the response. Being a newbie I didn't want my first time using a property manager, to be a bad contract.

I am a renting my home and using a Property Management Company. I had concerns about the indemnification part of the contract. Should I move forward with this contract?

INDEMNIFICATION

OWNER agrees to indemnify, defend and save the PMIC harmless from all loss, expense, damage, claim suits and costs whatsoever (including without limit attorney’s fees and expenses) incurred and arising from performance or attempted performance by PMIC of its duties and powers hereunder whether for personal injuries and/or property damage suffered by any person whomsoever on or about the PREMISES or otherwise, and to carry at OWNER’S expense liability insurance of at least $300,000 to protect the interest of the parties hereto. Policies shall be written to protect the PMIC in the same manner and to the same extent as to they protect the OWNER, and will name the PMIC as an additional insured or certified holder of the policy. The PMIC also shall not be liable for any error of judgement or for any mistake of fact or law or for anything which PMIC may do or refrain from doing, hereinafter, except in cases of willful misconduct or gross negligence. The PMIC shall not be responsible for any damage to the PREMISES, under any circumstance, by the tenant or others. Indemnifications and other provisions of this agreement that benefits the PMIC, will survive any termination of this agreement.