Kings New York Hold Harmless Agreement for Real Estate

Name: Kings New York Hold Harmless Agreement for Real Estate
Brand: US Legal Forms
Rating: 4.64 (485 reviews)

Category:

Contracts - Hold Harmless

State:

Multi-State

County:

Kings

Control #:

US-01708-AZ-4

Format:

Instant download

Description

This form is a Hold Harmless Agreement. The form provides that the agreement is mutual and each party holds the other harmless and releases the other from all liability arising from the activity involved.

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FAQ

Legal Definition of hold harmless : of, relating to, or being an agreement between parties in which one assumes the potential liability for injury that may arise from a situation and thus relieves the other of liability a hold harmless agreement a hold harmless clause compare release.

The main difference in this case is that hold harmless may require a party to protect against actual losses as well as potential losses while indemnification protects against actual losses only.

A hold harmless clause is used as a release of liability in a contract that protects one party from injury or property damage caused by another party. By signing the clause, the other party is agreeing not to hold business owners legally responsible for the risks involved in certain services.

Enforceability of Hold Harmless Agreements The general answer is yes, that these documents signing away your right to sue for negligence are legally enforceable.

A hold harmless agreement protects business owners from being sued when someone suffers damage, bodily injury, or financial loss on business property or while a service is being provided.

In practice, a hold harmless and an indemnity are functionally equivalent in that both require a party to assume responsibility for losses incurred by another party in connection with certain acts and circumstances. Some argue that while an indemnity shifts losses, a hold harmless shifts both losses and liability.

These agreements can either be one-way (known as unilateral) agreements, or they can be mutual (known as reciprocal) agreements. You can sign a hold harmless agreement either before or after the activity covered occurs.

The hold harmless agreement in real estate is a contract that transfers all property liability from the seller to the buyer. The hold harmless clause can be negotiated directly between the two parties and might even involve a closing agent who is looking to protect him/herself from future liability.

Examples of Hold Harmless Clauses An apartment lease may have a hold harmless clause stating that the landlord is not responsible for any damage caused by the tenant. A homeowner hiring a roofer might request a hold harmless clause to protect against a lawsuit if the roofer falls off the roof.

A hold harmless clause is also called a release of liability, a waiver of liability, a save harmless clause, or a hold harmless letter or release. These agreements are usually seen in leases, contracts, and easements, in an attempt to protect either one party or both.

More info

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Kings New York Hold Harmless Agreement for Real Estate

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What does it mean to hold harmless?

Is hold harmless the same as defend?

What are hold harmless agreement used for?

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When would you use a hold harmless agreement?

Is hold harmless the same as indemnification?

Can I write my own hold harmless agreement?

What is a real estate hold harmless agreement?

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Is hold harmless the same as a release?

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