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Hold harmless agreements are only enforceable in California if they contain specific and explicit language regarding which risks are covered. Generally, hold harmless agreements are enforceable in California if they are specific. They protect one party to an agreement from the other partys demands for compensation.
For example, leases may include a hold harmless clause in which the tenant agrees not to sue the landlord if they are injured due to the landlords failure to maintain the premises. These clauses are illegal in most residential tenancies, but may be upheld in commercial settings.
If you represent a buyer that requires immediate housing and wants possession prior to closing, consider a pre-closing possession agreement. The agreement is similar to a lease, whereby the parties agree to certain terms and conditions of the buyer moving in before the buyer actually purchases the property. Pre and Post-Closing Possession Agreements - Hondros College hondros.com resources blog pre-post-c hondros.com resources blog pre-post-c
HOLD HARMLESS: Buyer shall save and hold Seller harmless from any and all claims, demands, damages or liabilities arising out of Buyers occupancy of the Property or otherwise caused or permitted by Buyer, Buyers family, agents, servants, employees, guests and invitees. AGREEMENT FOR OCCUPANCY PRIOR TO CLOSING tmirealestate.com images Occup tmirealestate.com images Occup PDF
In general, there are three different forms of hold harmless or indemnity agreement: limited, intermediate and broad: With a limited form, the contractor (Party A) is held proportionally responsible for their liability for negligence or activities.
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s. With the California Association of Realtor forms (s), there are two distinct addenda depending on the length of stay for the rent-back after closing. For stays up to 29 days, the form used is SIP for Seller In Possession, which is barely 2 pages long with no other addenda attached. Seller rent back after close of escrow: what do you need to know? sanjoserealestatelosgatoshomes.com seller-rent-b sanjoserealestatelosgatoshomes.com seller-rent-b
Even though early occupancy agreements are great for the buyer, they come with risks for the seller. In addition to all the risks a normal landlord would have, there is the additional risk of something going wrong with the buyers mortgage and the buyer not being able to actually buy the house. Early occupancy agreements: How to handle this real estate curveball clark.com homes-real-estate early-occupancy- clark.com homes-real-estate early-occupancy-
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.

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