Common use of BROKER ASSUMES NO LIABILITY Clause in Contracts

BROKER ASSUMES NO LIABILITY. Broker assumes no liability for any damages, losses, or acts of 9 omission by the Tenant. Broker assumes no liability for any acts or omissions of Owner or previous Owners or 10 previous brokers. Broker assumes no liability for default by any tenant. Broker assumes no liability for violations 11 of environmental or other regulations which may become known during the term of this Agreement. Any such 12 regulatory violations or hazards discovered by Broker shall be brought to the attention of Owner, and Owner shall 13 promptly cure them. Broker shall not be liable in the event of bankruptcy or failure of the depository bank where 14 Owner’s funds are deposited. 16 17. OWNER’S RESPONSIBILITY FOR EXPENSES OF LITIGATION. 18 (A) Litigation and Compliance Expenses. Owner shall pay all fines, penalties, or other expenses in 19 connection with any claim, proceeding or suit involving an alleged violation of any law pertaining to fair 20 employment, fair credit reporting, environmental protection, rent control taxes or fair housing, including illegal 21 discrimination on the basis of race, sex, color, religion, national origin, physical handicap, familial status, 22 elderliness or all other protected classes; provided, however, that Owner shall not be responsible to Broker for any 23 such expenses if Broker is finally adjudged in a court of law to have personally, and not in a representative 24 capacity, violated any such law. Nothing contained in this Agreement shall obligate Broker to employ legal 25 counsel to represent Owner in any such proceeding or suit. 27 (B) Fees for Legal Advice. Owner shall pay reasonable expenses incurred by Broker in obtaining 28 legal advice regarding compliance with any law affecting the Property. If such expenditure also benefits other 29 principals of Broker, Owner shall pay an apportioned amount of such expense. 33 (A) Owner Representations. Owner represents and warrants that Owner has full power and 34 authority to enter into this Agreement; that there are no written or oral agreements affecting the Property other 35 than disclosed tenant leases, copies of which have been furnished to Broker; that there are no recorded easements, 36 restrictions, reservations or rights of way which adversely affect the use of the Property for the purposes intended 37 under this Agreement; that the Property is zoned for the intended use; that all permits for the operation of the 38 Property have been secured and are current; that the building and its construction and operation do not violate any 39 applicable statutes, laws, ordinances, rules, regulations, orders or the like; and that the information supplied by 40 Owner is dependable and accurate. OWNER REPRESENTS THAT ANY LOANS, NOTES, MORTGAGES, 41 TAXES, DUES, UTILTIES OR TRUST DEEDS ARE PAID AND ARE CURRENT WITHOUT 42 DEFAULTS; and that any future defaults on any loans, mortgages, dues, utilities or trust deeds will be reported 43 to Broker within 14 business days of Owner’s receipt of Notice of Default (which commences foreclosure 44 proceedings). OWNER FURTHER REPRESENTS THAT NO LIENS OF ANY TYPE (INCLUDING HOA 45 AND OTHER SUPER PRIORITY LIENS) HAVE BEEN RECORDED AGAINST THE PROPERTY. OWNER 46 UNDERSTANDS THAT OFFERING A PROPERTY FOR LEASE WHILE THE PROPERTY IS IN ANY 47 FORECLOSURE PROCEEDINGS, WITHOUT WRITTEN DISCLOSURE, IS A DECEPTIVE TRADE 48 PRACTICE PUNISHABLE BY BOTH A CIVIL FINE AND CRIMINAL PROCEEDINGS. 49 Owner Initials [ ] [ ] 50 51 1 (B) Multiple Listing Service. No Multiple Listing Service or Association of REALTORS® is a 2 party to this Agreement and no Multiple Listing Service or Association of REALTORS® sets, controls, 3 recommends or suggests the amount of compensation for any service rendered pursuant to this Agreement.

Appears in 1 contract

Samples: Residential Property Management Agreement

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BROKER ASSUMES NO LIABILITY. Broker assumes no liability for any damages, losses, or acts of 9 omission by the Tenant. Broker assumes no liability for any acts or omissions of Owner or previous Owners or 10 previous brokers. Broker assumes no liability for default by any tenant. Broker assumes no liability for violations 11 of environmental or other regulations which may become known during the term of this Agreement. Any such 12 regulatory violations or hazards discovered by Broker shall be brought to the attention of Owner, and Owner shall 13 promptly cure them. Broker shall not be liable in the event of bankruptcy or failure of the depository bank where 14 Owner’s funds are deposited. 16 17. OWNER’S RESPONSIBILITY FOR EXPENSES OF LITIGATION. 18 (A) Litigation and Compliance Expenses. Owner shall pay all fines, penalties, or other expenses in 19 connection with any claim, proceeding or suit involving an alleged violation of any law pertaining to fair 20 employment, fair credit reporting, environmental protection, rent control taxes or fair housing, including illegal 21 discrimination on the basis of race, sex, color, religion, national origin, physical handicap, familial status, 22 elderliness or all other protected classes; provided, however, that Owner shall not be responsible to Broker for any 23 such expenses if Broker is finally adjudged in a court of law to have personally, and not in a representative 24 capacity, violated any such law. Nothing contained in this Agreement shall obligate Broker to employ legal 25 counsel to represent Owner in any such proceeding or suit. 27 (B) Fees for Legal Advice. Owner shall pay reasonable expenses incurred by Broker in obtaining 28 legal advice regarding compliance with any law affecting the Property. If such expenditure also benefits other 29 principals of Broker, Owner shall pay an apportioned amount of such expense. 33 (A) Owner Representations. Owner represents and warrants that Owner has full power and 34 authority to enter into this Agreement; that there are no written or oral agreements affecting the Property other 35 than disclosed tenant leases, copies of which have been furnished to Broker; that there are no recorded easements, 36 restrictions, reservations or rights of way which adversely affect the use of the Property for the purposes intended 37 under this Agreement; that the Property is zoned for the intended use; that all permits for the operation of the 38 Property have been secured and are current; that the building and its construction and operation do not violate any 39 applicable statutes, laws, ordinances, rules, regulations, orders or the like; and that the information supplied by 40 Owner is dependable and accurate. OWNER REPRESENTS THAT ANY LOANS, NOTES, MORTGAGES, 41 TAXES, DUES, UTILTIES OR TRUST DEEDS ARE PAID AND ARE CURRENT WITHOUT 42 DEFAULTS; and that any future defaults on any loans, mortgages, dues, utilities or trust deeds will be reported 43 to Broker within 14 business days of Owner’s receipt of Notice of Default (which commences foreclosure 44 proceedings). OWNER FURTHER REPRESENTS THAT NO LIENS OF ANY TYPE (INCLUDING HOA 45 AND OTHER SUPER PRIORITY LIENS) HAVE BEEN RECORDED AGAINST THE PROPERTY. OWNER 46 UNDERSTANDS THAT OFFERING A PROPERTY FOR LEASE WHILE THE PROPERTY IS IN ANY 47 FORECLOSURE PROCEEDINGS, WITHOUT WRITTEN DISCLOSURE, IS A DECEPTIVE TRADE 48 PRACTICE PUNISHABLE BY BOTH A CIVIL FINE AND CRIMINAL PROCEEDINGS. 49 Owner Initials [ ] [ ] 50 51 1 (B) Multiple Listing Service. No Multiple Listing Service or Association of REALTORS® is a 2 party to this Agreement and no Multiple Listing Service or Association of REALTORS® sets, controls, 3 recommends or suggests the amount of compensation for any service rendered pursuant to this Agreement.

Appears in 1 contract

Samples: Residential Property Management Agreement

BROKER ASSUMES NO LIABILITY. Broker assumes no liability for any damages, losses, or acts of 9 39 omission by the Tenant. Broker assumes no liability for any acts or omissions of Owner or previous Owners or 10 40 previous brokers. Broker assumes no liability for default by any tenant. Broker assumes no liability for violations 11 41 of environmental or other regulations which may become known during the term of this Agreement. Any such 12 42 regulatory violations or hazards discovered by Broker Xxxxxx shall be brought to the attention of Owner, and Owner shall 13 43 promptly cure them. Broker shall not be liable in the event of bankruptcy or failure of the depository bank where 14 44 Owner’s funds are deposited. 16 46 17. OWNER’S RESPONSIBILITY FOR EXPENSES OF LITIGATION. 18 48 (A) Litigation and Compliance Expenses. Owner shall pay all fines, penalties, or other expenses in 19 49 connection with any claim, proceeding or suit involving an alleged violation of any law pertaining to fair 20 50 employment, fair credit reporting, environmental protection, rent control taxes or fair housing, including illegal 21 51 discrimination on the basis of race, sex, color, religion, national origin, physical handicap, familial status, 22 52 elderliness or all other protected classes; provided, however, that Owner shall not be responsible to Broker for any 23 1 such expenses if Broker Xxxxxx is finally adjudged in a court of law to have personally, and not in a representative 24 2 capacity, violated any such law. Nothing contained in this Agreement shall obligate Broker to employ legal 25 3 counsel to represent Owner in any such proceeding or suit. 27 (B) Fees for Legal Advice. Owner shall pay reasonable expenses incurred by Broker in obtaining 28 legal advice regarding compliance with any law affecting the Property. If such expenditure also benefits other 29 principals of Broker, Owner shall pay an apportioned amount of such expense. 33 (A) Owner Representations. Owner represents and warrants that Owner has full power and 34 authority to enter into this Agreement; that there are no written or oral agreements affecting the Property other 35 than disclosed tenant leases, copies of which have been furnished to Broker; that there are no recorded easements, 36 restrictions, reservations or rights of way which adversely affect the use of the Property for the purposes intended 37 under this Agreement; that the Property is zoned for the intended use; that all permits for the operation of the 38 Property have been secured and are current; that the building and its construction and operation do not violate any 39 applicable statutes, laws, ordinances, rules, regulations, orders or the like; and that the information supplied by 40 Owner is dependable and accurate. OWNER REPRESENTS THAT ANY LOANS, NOTES, MORTGAGES, 41 TAXES, DUES, UTILTIES OR TRUST DEEDS ARE PAID AND ARE CURRENT WITHOUT 42 DEFAULTS; and that any future defaults on any loans, mortgages, dues, utilities or trust deeds will be reported 43 to Broker within 14 business days of Owner’s receipt of Notice of Default (which commences foreclosure 44 proceedings). OWNER FURTHER REPRESENTS THAT NO LIENS OF ANY TYPE (INCLUDING HOA 45 AND OTHER SUPER PRIORITY LIENS) HAVE BEEN RECORDED AGAINST THE PROPERTY. OWNER 46 UNDERSTANDS THAT OFFERING A PROPERTY FOR LEASE WHILE THE PROPERTY IS IN ANY 47 FORECLOSURE PROCEEDINGS, WITHOUT WRITTEN DISCLOSURE, IS A DECEPTIVE TRADE 48 PRACTICE PUNISHABLE BY BOTH A CIVIL FINE AND CRIMINAL PROCEEDINGS. 49 Owner Initials [ ] [ ] 50 51 1 (B) Multiple Listing Service. No Multiple Listing Service or Association of REALTORS® is a 2 party to this Agreement and no Multiple Listing Service or Association of REALTORS® sets, controls, 3 recommends or suggests the amount of compensation for any service rendered pursuant to this Agreement.

Appears in 1 contract

Samples: Residential Property Management Agreement

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BROKER ASSUMES NO LIABILITY. Broker assumes no liability for any damages, losses, or acts of 9 omission by the Tenant. Broker assumes no liability for any acts or omissions of Owner or previous Owners or 10 previous brokers. Broker assumes no liability for default by any tenant. Broker assumes no liability for violations 11 of environmental or other regulations which may become known during the term of this Agreement. Any such 12 regulatory violations or hazards discovered by Broker shall be brought to the attention of Owner, and Owner shall 13 promptly cure them. Broker shall not be liable in the event of bankruptcy or failure of the depository bank where 14 Owner’s funds are deposited. 16 17. OWNER’S RESPONSIBILITY FOR EXPENSES OF LITIGATION. 18 (A) Litigation and Compliance Expenses. Owner shall pay all fines, penalties, or other expenses in 19 connection with any claim, proceeding or suit involving an alleged violation of any law pertaining to fair 20 employment, fair credit reporting, environmental protection, rent control taxes or fair housing, including illegal 21 discrimination on the basis of race, sex, color, religion, national origin, physical handicap, familial status, 22 elderliness or all other protected classes; provided, however, that Owner shall not be responsible to Broker for any 23 such expenses if Broker is finally adjudged in a court of law to have personally, and not in a representative 24 capacity, violated any such law. Nothing contained in this Agreement shall obligate Broker to employ legal DRAFT 25 counsel to represent Owner in any such proceeding or suit. 27 (B) Fees for Legal Advice. Owner shall pay reasonable expenses incurred by Broker in obtaining 28 legal advice regarding compliance with any law affecting the Property. If such expenditure also benefits other 29 principals of Broker, Owner shall pay an apportioned amount of such expense. 33 (A) Owner Representations. Owner represents and warrants that Owner has full power and 34 authority to enter into this Agreement; that there are no written or oral agreements affecting the Property other 35 than disclosed tenant leases, copies of which have been furnished to Broker; that there are no recorded easements, 36 restrictions, reservations or rights of way which adversely affect the use of the Property for the purposes intended 37 under this Agreement; that the Property is zoned for the intended use; that all permits for the operation of the 38 Property have been secured and are current; that the building and its construction and operation do not violate any 39 applicable statutes, laws, ordinances, rules, regulations, orders or the like; and that the information supplied by 40 Owner is dependable and accurate. OWNER REPRESENTS THAT ANY LOANS, NOTES, MORTGAGES, 41 TAXES, DUES, UTILTIES OR TRUST DEEDS ARE PAID AND ARE CURRENT WITHOUT 42 DEFAULTS; and that any future defaults on any loans, mortgages, dues, utilities or trust deeds will be reported 43 to Broker within 14 business days of Owner’s receipt of Notice of Default (which commences foreclosure 44 proceedings). OWNER FURTHER REPRESENTS THAT NO LIENS OF ANY TYPE (INCLUDING HOA 45 AND OTHER SUPER PRIORITY LIENS) HAVE BEEN RECORDED AGAINST THE PROPERTY. OWNER 46 UNDERSTANDS THAT OFFERING A PROPERTY FOR LEASE WHILE THE PROPERTY IS IN ANY 47 FORECLOSURE PROCEEDINGS, WITHOUT WRITTEN DISCLOSURE, IS A DECEPTIVE TRADE 48 PRACTICE PUNISHABLE BY BOTH A CIVIL FINE AND CRIMINAL PROCEEDINGS. 49 Owner Initials [ ] [ ] 50 51 1 (B) Multiple Listing Service. No Multiple Listing Service or Association of REALTORS® is a 2 party to this Agreement and no Multiple Listing Service or Association of REALTORS® sets, controls, 3 recommends or suggests the amount of compensation for any service rendered pursuant to this Agreement.

Appears in 1 contract

Samples: Residential Property Management Agreement

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