
30 November 2017 | 3 replies
I am reviewing a property management agreement and came across this clause RE: Indemnification that seems too broad:INDEMNIFICATION:(a) The Owner shall indemnify, defend and save Agent harmless from all suits and/or other legal proceedings whatsoever and cost incurred therefrom in connection with the management of the Property and from liability for injuries suffered by any employee or other person whomsoever, except in cases of willful misconduct or gross negligence on the part of Agent or its employees, (b) The Owner shall indemnify and hold harmless the Agent from and against any costs, loss, expense or damage (including attorney's fees) suffered or incurred by the Agent arising out of or related to the enforcement of this Agreement arising out of a default or other breach by the Owner, the management, operation, improvement, alteration and leasing of the Property, including all other activities arising out of or related to Agent's duties under this Agreement or as a result of any act or thing done or permitted by the Agent or its agents or employees; provided, however, that such indemnification shall not apply to any such cost, loss, expense or damage to the extent that the same relates to or as a result of conduct by Agent which constitutes willful and wanton misconduct.It seems like if one of the Property Manager workers (aka Agent) slips and hurts himself while cleaning the floor the "Owner" is then responsible.

29 November 2017 | 9 replies
My impression from the above is that you probably still have an enforceable contract.

29 November 2017 | 3 replies
Since I was legally required to wait until the 15th of the month to give the 3-day pay or quit notice- and couldn't enforce my late fee or indemnification clause - I decided to pay cash for keys and get the unit back Nov. 8.

4 December 2017 | 45 replies
Yay for the unintended consequences of well-meaning legislation.

4 December 2017 | 19 replies
While it may seem asinine to you, the process has to be consistent throughout the portfolio and, the process is both regulated and enforced by both state and federal regulators....AKA the government.

4 December 2017 | 8 replies
Case law however, not the written statute, has more clearly defined "work".I'm also confused how they could claim "providing materials" 2 months after "they were fired"....can you document the firing as real and enforcable?

27 August 2020 | 12 replies
Post no-smoking signs on the premises to re-enforce your no-smoking policy.

11 December 2017 | 13 replies
Additionally, in many jurisdictions there are regulatory/legislative restrictions on when you can disturb the tenants.I always figured, if I'm looking to drop $500K to +$1M on a small to mid-sized apartment building, I can make myself available for an hour or two during the week.... and as @Jeff Kehl indicated, if you've done all your homework and deem a property worth a walkthrough, you've probably already submitted a LoI to the Vendor.

13 March 2018 | 2 replies
Hello everyone my name is Kevin Starkey and currently a Law enforcement Officer in Indiana and new pro member to BP!

14 March 2018 | 3 replies
It is not a contract which is binding and enforceable so the agent / seller is not obligated to stop marketing the property.