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Old 04-04-2010, 09:42 AM
 
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I'm a personal agent for the seller of a SFD (not the RE agent who is actually selling house) I handled the renovations and will negotiate the price on her behalf. Should I have inserted into the selling contract a W of L and Agreement to Hold Harmless to protect myself in case something later goes wrong with the house? Thanks to all for any advice you can render.
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Old 04-04-2010, 10:01 AM
 
Location: Tempe, Arizona
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Probably, but you should consult with an attorney. Do you have a separate agreement to be the seller's personal agent? Does it address liability concerns?
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Old 04-04-2010, 03:48 PM
 
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[quote=rjrcm;13589032]Probably, but you should consult with an attorney. Do you have a separate agreement to be the seller's personal agent? Does it address liability concerns?[/QUOTE

No, just a POA, basically. Liability is not addressed.
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Old 04-06-2010, 08:12 PM
 
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Quote:
Originally Posted by thrillobyte View Post
I'm a personal agent for the seller of a SFD (not the RE agent who is actually selling house) I handled the renovations and will negotiate the price on her behalf. Should I have inserted into the selling contract a W of L and Agreement to Hold Harmless to protect myself in case something later goes wrong with the house? Thanks to all for any advice you can render.
If it's already done, consider this: the provisions of a contract of sale merge into the deed at closing. Unless you already know of a defect that is not obvious and you are failing to disclose that defect to the buyers, I wouldn't be losing any sleep, particularly if they have inspections. I can't think of any liability (for undisclosed conditions that sellers are unaware of) that will transcend a closing, or future conditions, other than environmental issues with the state, like a leaking oil tank.

I'm assuming you didn't actually perform the renovations but hired others. If you actually performed the renovations, you'd have negligence and other implied warranty issues that can't be waived, just like any contractor.
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