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Is a Hold Harmless Agreement Sufficient?

By
Real Estate Agent with 410-935-5844 Office 634480

Is a Hold Harmless Agreement Sufficient?

 

More specifically, is a Hold Harmless Agreement sufficient to protect the seller, the owner, or the listing agent of a property that is in need of significant repairs, repairs without which someone potentially could be seriously injured in the property?

 

As an analogy of sorts, consider the following scenario:

 

The City Zoo has a lion exhibit and to give the visitors a more realistic approach, they will allow them to enter the lion's den, provided that they sign a Hold Harmless Agreement, whereby they recognize the dangers and, of course, they agree to not hold the Zoo legally responsible for anything that may happen while in the lion's den.

 

This is absolutely ridiculous and would never happen.  If it did happen, then, in my opinion, the Hold Harmless Agreement would have no legal validity.

 

Is a Hold Harmless Agreement for a property that has conditions which could potentially cause serious personal injury as useless as one that would be used to allow someone to go into the lion's den?

 

Or, as an alternative, at least, from the standpoint of a listing agent, would it be reasonable to refuse the listing unless the concerns which could lead to bodily harm were fixed?

 

Marnie Matarese
DWELL REAL ESTATE - Sarasota, FL
Showing you the best of Sarasota!

I would not care how strong a hold harmless agreement is.  If it is a danger for people to enter a home, I do not want the listing unless it is rectified.

Jan 04, 2017 01:09 PM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

The hold harmless may seem like a cure for an issue but it would probably not hold up in a legal action at all.

Jan 04, 2017 04:24 PM
Ron Trzcinski, 410-935-5844
410-935-5844 Office - Cockeysville, MD

Ed, I agree. In fact, if I were the judge, then I am positive that it would not hold up.

Jan 04, 2017 04:32 PM
Karen Krzniak
Zenith Realty - Towson, MD

Ron,

The simple fact that the seller is allowing someone to go into a property which could cause serious personal injury, in my opinion, is enough to over rule any document that the buyer may sign.  I have never seen a Hold Harmless Agreement which spells out the specific dangers, so how is the buyer to know where to show concern.  Are the floors solid, does it have rats, could the ceiling fall down,  . . . ?  If it has a problem, then it should be addressed to make it safe.

Jan 05, 2017 09:33 AM