Hold Harmless Hold Harmless Agreement

Question: Credit Union sent Hold Harmless Agreement. Do I have to sign it? I recently transferred around $3,500 from my Credit Union savings account to another bank. The transfer appears to have completed successfully and I did not incur any fees. I just received a Hold Harmless Agreement from the credit union, without any sort of explanation. Why did they send it? Do I have to sign it? Will they hold the funds if I don't sign it?

Answer: VISIT or at least call the credit union for an explanation. Then ask the above questions of THEM. DO NOT SIGN anything unless you fully understand it.

Question: What is the difference between a hold harmless agreement and a waiver of subrogation? Can you explain how these 2 items are different and how they are similar? Examples would be great.

Answer: These are two different types of agreements. About the only thing you can say they have in common is that they are agreements. A hold harmless agreement example would be if you were selling me your business and along with the sale of the business I was taking responsibility for paying some bills that you had incurred for the business. You did not want to be responsible for those bills after the sale. The sale agreement would include language whereby I would "hold you harmless" for the payment of those bills. If I failed to pay those bills, and the creditor came after you for payment and you ended up having to pay, you would have legal recourse through the court system to come after me for reimbursement of the money you had to pay out. A waiver of subrogation is more often used in insurance contracts but may also be used in business agreements. Subrogation is the right you have, in essence, transferred to someone else to sue on your behalf. For example, if you are the victim of a car accident your insurance company, by the subrogation rights you gave them when you bought the policy, will pay for the damage to your car and then seek to be reimbursed by the person you hit you. This would be a right you would have if the insurance company did not have this subrogated right. A waiver of subrogation means that you would not be giving up a right to sue someone for the harm they caused you. In the insurance example, if you could find such a thing as a waiver from an insurance company, the insurance company would pay for the damage, you would have to sue the other party and then pay the money to the insurance company because they have already paid for the repairs. A very short answer to a complex question, hoped it helps somewhat.

Question: What is the difference between a "Hold Harmless Agreement" and an Insurance Policy? I need to know why a company ask for both.

Answer: A hold harmless agreement is something where one party agrees not to sue the other party. In many situations, it won't hold up in court. An insurance policy pays for any damages, in accordance to what type of policy it is, subject to policy terms and conditions. It's very, very common for someone you have a business dealing with, to ask for a hold harmless agreement. You, in turn, should be asking for the same. That's called, a MUTUAL hold harmless agreement. However, business dealings could involve lawsuits from parties NOT party to the hold harmless agreement, or, a judge could rule it against public policy (nullify it), in which case, you need insurance to be in place.

Question: Need information on writing a letter to inform my mortgage company of a hold harmless agreement...? my ex husband is defaulting on our mortgage. I have a hold harmless clause in our divorce decree, what should I include in a letter to inform my mortgage company of this whom started foreclosure on the home today? How will this effect me, and my credit? What can a court really do to enforce this(is it worth taking him to court?

Answer: Dear Sullen, Your "hold harmless" agreement has no legal bearing upon your personal responsibility to any creditor. All it accomplishes is to bind your "ex" to financial responsibility to reimburse you for any losses you sustain. The Family law Court will assist your attempts to collect any damages you sustain, but they cannot force payment, if your "ex" does not have the money and they cannot interfere with any negative credit information placed against you for community debt like a mortgage. The 'hold harmless" is little more than a grandstanding gesture worth no more than the financial value of the individual making this promise. None of your creditors care about his "hold harmless" gesture. Lenders extending credit to married couples can seek recovery from either or both Debtors regardless of change in marital status. Good Luck!

Question: Will a Hold Harmless Agreement protect me if I duplicate copyrighted material?? We are interested in starting a disc duplication business for up and coming artists, many of whom use samples of copyrighted material. Will having the customer sign a Hold Harmless Agreement protect me and my business from suits of copyright infringment?

Answer: This sounds like a question that deserves some knowledgeable and professional advice. Something that could prove to be VERY useful to your business is highlighted in my "Protect and Grow" blog on my 360 page. You have a good idea and the drive to make it happen, protect and start yourself off on the right foot and with the best people on your team. Good luck in your venture

Question: How to write a Hold Harmless Agreement? Insurance co. told me to have contractors sign an agreement before doing work to protect ourselves, but could not provide us with a sample

Answer: because with few exceptions there are not enforceable, if they are hurt thru your negligence, which is always the phrase, the hold harmless is void

Question: Is a "Hold-Harmless Agreement" enforceable? If I have a uninsured handyman paint my windows on a 2nd story. Can I have him sign a "Hold-Harmless Agreement " and thus protecting myself if he gets injured on the job? Or can he sue me for some reason? How protected am I?

Answer: he can sue you for absolutely no reason regardless of contract - the question is whether he would win the answer to that is no

Question: where can i find an hold harmless agreement for car accidents?

Answer: THIS AGREEMENT YOU WOULD HAVE TO WRITE UP YOURSELF OR HAVE AN ATTORNEY MAKE ONE FOR YOU. THIER IS NO STANDARD FORM FOR THESE IT HAS TO BE INDIVIDUALIZED TO YOUR SITUATION. WHY WOULD YOU BE WANTING ONE OF THESE ANYWAYS CAUSE THEIR IS NOBODY THAT WOULD SIGN ONE AND IF YOU DO YOUR INSURANCE COMPANY WILL NOT PAY ANY DAMAGES FOR YOUR VEHICLE. GOOD LUCK ON THIS

Question: Hold Harmless Agreement for Mortgage Company? I had some repairs done to my home because of hail damage. I sent the insurance claim check to my mortgage company and they are holding it. The contractors required that I pay in full upon completion of the repairs. I sent a copy of all the paper work stating that the contractors have been paid in full, including their signature. My mortgage company is requesting that I send them a letter called "hold harmless agreement" stating that no contractor will place a lien on the home due to non payment and that they are not responsible for any unpaid contractor. Any idea how to write this letter? please help! I'm not sure how to begin writing this letter and what the proper terminologies are.

Answer: Too Whom It may Concern, The repairs done on my home as a result of hail damage have been completed and I have paid them in full guaranteeing that none can seek future payments nor place a lien on my property as a result. Furthermore, I hold ABC mortgage company harmless in this matter. Sincerely, Joe Home Owner If this doesn't meet the needs of the mortgage company have them tweak it. Good Luck

Question: Hold harmless agreement and waiver regarding septic systems? I purchased a home with land in January of 2008, and among the paperwork at closing was a form titled "Waiver and hold harmless agreement regarding septic system." I don't remember this document, but I'm sure it was thrown in there with the other 300 pages of paper we had to sign. The problem is now the toilet has stopped working, and when the plumber and I dug down to where the septic tank is supposed to be, we've found it's only two feet deep, made with cinderblock and the bottom is just a large slab of rock they probably hit when digging the hole. This does not conform to the state's definition of a septic tank by any means, and also doesn't function correctly. We're also now concerned that the property probably will not perk where the tank is located. Do I have any recourse after signing this waiver against the seller or the agents or does the fact that I don't have an actual septic system not even matter? Thanks for your help. (this is in the state of Tennessee) Also, forgot to add, the cover/lid for the tank was cut up street and construction signs, covered by dirt.

Answer: Sorry, but it sounds like your up dookie creek & unfortunately waived your rights to any remedies by signing the holdharmless agreement. Worse, this is not going to be an easy or cheap problem to cure. When buying properties serviced by a septic system, it is common to include a septic system addendum or clause that is contingent on either you or the seller paying for a septic pumper company coming out & first pumping septic holding tank, then secondly & more important, certifying that the system is in proper working order. Other's order the full meal deal & request the local sanitation/health department come out & certify the system. The local sanitation/health district may work with you on a situation to cure it. They sometimes assist home owners in situations like these with not a lot of options due to limited permeable soil and an existing dwelling that you are living in.

Question: Landlord & police forcing me to sign agreement to not sue landlord for any moving costs. Is this legal doc? I called the police on m landlord for coming downstairs trying to intimidate me. weeks ago He was told by the police not to come downstairs (where i rent an illegal basement) at all. He stole $1500 from me last month and promised to give it back if i didnt call the police. So i didnt. Anyway ive been looking for a place to live since July1st but nothing in my price range has been available to me. I told all this to the police officer that came out and told me to just sign the paper, take the money and leave. If I sign this agreement and have to stay in a hotel when i move out on thursday, is he legally not liable for the costs? "Tenants agree to vacate residence by july 16 and hold the landlord harmless from any liability that might arise out of them having to move out on said date." Additional information Will this document hold up in court? is there a way around it? I just dont think its fair that he looks like a hero for giving me back my own money therefore i eat the costs of my own moving expenses including a hotel.

Answer: Don't sign it! It would probably hold up in court, unless it is in violation of local laws in your area. The police can not force you to enter into any civil agreement and are generally not permitted to be involved in any civil matters; their job is to enforce criminal laws. They probably encouraged you to sign the document so that you will move out and they won't have to keep responding to ongoing issues between you and the landlord. You really need to check the local laws in your area and may want to seek the advice of an attorney. You may be entitled to a refund of payments you have made if he is renting the space illegally. Find out for sure if he is renting to you illegally and whether or not you are obligated to give any notice to move out. Generally, if it is an illegal rental, you will be exempt from any normal "notice" requirements and possibly any provisions of your lease. Of course, the first priority should be to get out of that place. If he is renting it illegally, that usually means that it is also illegal for you to occupy it. Not to mention, if he is a thief, you really don't want to stick around anyway. Be polite and forceful when dealing with the police and insist that they file a report and / or file charges against your landlord. If they refuse, collect your evidence and file a private criminal complaint, unless, of course, he has already repaid the money. You were a little unclear in your post because you stated that you did not call the police because the landlord agreed to repay your money but then you say that a police officer came out so I am not sure exactly where that stands.

Question: He violated the Marital Settlement agreement and he stoped paying what can I do? I got divorced 08/05 the Judgement of Dissolution stated that we entered an agreement "petitioner (my x) agrees to pay community debt with credit card acct # in the amount of $8,000.00 and hold the respondent (me) harmless from any liability incurred by such debt. Petionioner (my x) does so with the understanding and agreement that the card shall no longer be used untill complete balance paid off." Balance due as of 08/05 was $8,000.00. Since that time balance has rose up to 9,731.25 in part by a cash advance transaction he made on 09/19/06 where he withdrew $2,000.00 in to his checking account & due to the high interest rate wich was 32.240%. I contacted him and ?d y he withdrew he said because he had to. Collections called me since no payment had been made since 07/06 because payment made 08/06 bounced. I have sent him 3 certified letters & called him numerus times he won't pick up the phone I live in California he has moved to Florida. What do I do? I did contact the cc company letting them know of the divorce askin them to change my last name to maiden and sent them a copy of the Divorce. They responded to me " we appreciate your attention to the mater however we cannot lelive you of your contractual liability on the account above based ona Divorce agreement between you and your former spouse/ Please be advised that a Divorce agreement is between the parties of the divorce and you are still contractually liable for the debt on the cc in accordance with the agreement" I was the main accnt he was authorized, bill were mailed to Florida but it's a PO box I plan on going to court tomorrow trouble is i can't have him served to a po box. I just paid $49.95 for an online background check see if i can get an address but what a waist of $50. I called cc co advised them the $2000 was fraud they say he was authorized to make transactions. =( uhhh!!! I'm sooo frustrated!!!

Answer: I am not sure about your State's law, but you may want to send the credit card company a copy of the Judgment. They may still try to hold you responsible. You need to file a Motion with the court to have him brought before the Judge on contempt issues. Judges do not take it well when people blatantly disregard their Orders. Good Luck.

Question: QUESTION FOR LAWYER DEALING WITH BUSINESS CONTRACT--SPECIFICALLY, AN ATTACHED INDEMNITY CLAUSE? I am thinking about working as an outside salesman/independent contractor for security company selling security-related services i.e. the staffing of security guards. The owner of the guard company and I created a contract. The contract defines what I, as an independent contractor, will be doing for the company--as mentioned, selling their security-related services. Issues such as my pay rate are described and agreed upon. But the owner wants to attach an INDEMNITY section which states: ' Each party shall indemnify, defend and hold harmless the other party from and against any and all losses, liabilities, claims, actions, lawsuits, demands, damages, costs, money judgments and expenses (including reasonable attorney’s fees) arising out of a breach of this warranty as long as they do not arise out of a breach of this Agreement by the other party. Neither party shall be liable for indirect, incidental, consequential or punitive damages or any nature or kind resulting from or arising in connection with this agreement, even if the party has been advised of the possibility of such damages.' Now my question: doesn't this, in essence, allow the owner to break the contract without having any liability for actual damages? In other words, if he does not pay my commission can he use the above as an escape clause and get of his responsibility from paying me in full? Should I accept this addition? I have attached the complete contract for your view, in case you need it as reference...thanks much...

Answer: First let me congratulate you in reading everything (especially the fine print)! Now, if you are really interested in this job, go for it but not without having a couple of lawyers take a good look at.all the paperwork. Go through phone book and ask any lawyer (if none appear under business law, employment, etc.). He or she will direct (and even refer you) to one which does this kind of work. It is best you spend couple of hundred dollars and secure the job in best manner possible, then for you to get involved in something which will hurt you sooner or later.

Question: Truthfully, is this awful of me? I am atheist. I don't try to scare people into submission by preaching pain and suffering. I hold my morality without the expectation of reward. I wish to live life to the fullest as this life is the only life in which I have proof. I wish not to waste any opportunity. I wish not to hold reserve with harmless dispositions. I wish not of people of other beliefs to intrude upon my life with their views in which I hold no agreement and try to set me back in my life's choices and happiness. It that really bad? @Loewe: It wasn't my intention to fish from compliments. This question was more aimed for the religious people who make atheism out as being horrible, immoral, and worthy of contempt. I can't speak for all atheist but these are my views and I wanted to know what makes them so horrible.

Answer: Sounds like you have it pretty figured out:)

Question: I signed a contract with a company to sell food.? They later called me and said they can't rent me the spot for that price because I told someone else who had put a deposit on a spot that they had given me a great price(they were charging that person much more, and that person went to them demanding the same price I received). They offered to refund my money or I would have to pay $400.00 extra to be in the festival. Which is a breach of contract due to I already paid %100 for my spot. Can I sue them for my rent, merchandise, and loss of potential profit, since they breached our contract.There's nothing in the contract that says I am not able to disclose anything to anyone. All it states is the size of my booth, the amount I paid, what I am going to be selling, the date and time of the festival. Indemnification where I would hold the company harmless for any dameges arising from the participation of the festival. It is a two page agreement. It is not complicated at all. Plus they have no proof that I told the other person anything.

Answer: Before suing them, you should try to work it out. Tell them it is a breach of contract, that you already paid and relied upon their contractual promises and you will sue them for breach and consequential damages if they do not honor their obligations. Your contract may exclude these types of damages and probably does. You should tell them all of the consequences of their potential breach. You can bring them to small claims court. Hopefully, they will just honor the agreement. If there is no confidentiality clause in the agreement and if they did not reserve the right to raise the price upon certain events ocurring, they are in the wrong. They may have even violated some kind of consumer fraud rules, but it's tough to say. In most states, consumer fraud violations carry with them triple damage recovery.

Question: If I have insurance thru my HOA on my condo & my new renter is getting renter's insurance, do I need any? I live in a different state than the condo I own. My personal (auto/home) insurance agent specified that, besides the Homeowner's Policy that covers the condo, the renter should get "renter's insurance" with $300,000 liability. I talked with a lawyer (from the state where the condo is located) and she said she'd have to look at the rental lease and the insurance policy, since the language dictates the terms. Obviously, the renter doesn't have the renter's insurance yet as he hasn't moved in yet. The language of the "Insurance" clause in the Residential Lease Agreement is as follows: "TENANT is required to purchase renter's insurance. Landlord and Landlord's broker shall be named as an additional insured on any such policy. LANDLORD shall not be liable for any damage or injury to TENANT, or any other person, to any property occurring on the Premises or any part thereof, or in common areas thereof. TENANT agrees to indemnify, defend and hold LANDLORD harmless from any claims for damages. TENANT understands that LANDLORD's insurance does not cover TENANT's personal property. Even if it is not a requirement of this Agreement, TENANT understands that LANDLORD highly recommends that TENANT purchase renter's insurance."

Answer: You want to continue your insurance on your condo, but NOT as a homeowner. Since you are renting it out, NOW you need business insurance for a landlord. It's not the same as homeowners, when you reside in the property. Meanwhile, you also want the renter to have renter's insurance to cover his own property, and ALSO to cover potential damage to other condo units caused through his negligence (Clothes washer flooding or similar.)

Question: Sold a business. Told the buyer we earn around x amount each month. Buyer doesn't earn that much and sues. Our Agreement for Purchase of Business (Assets Only) states in section IV. Assumption of Liabilities that: "Seller hereby agrees to indemnify, defend and hold Buyer harmless gainst all claims, demands, losses, costs, expenses, obligations." Can the buyer really sue us for this? We did tell the buyer we earned about "x" amount each month, so I guess we did show some representation. But we never gauranteed that the business would go well. We gave the buyer tips as to how to maximize his income but he ignored them and spent money on useless things for the business. We also live in the state of Washington.

Answer: It depends. What state are you in? Did any of the sellers make any representations to the buyer about monthly income? BTW - The Assumption of Liabilities language isn't relevant here. It applies to claims that are brought against the business after the sale (and the new owner). Basically, it means that if anyone sues the buyer for any claims brought against the business, the seller has to cover the buyer for any monies that the buyer has to expend. The attorney who drafted/review the asset purchase agreement should have explained this to you.

Question: What in the world does this mean? The divorce lawyer has presented me with the following in the divorce agreement: 11.Except as specifically provided herein, or as otherwise previously paid, Respondent shall pay, indemnify and defend and hold Petitioner harmless from the following debts, liabilities, and obligations: a.[snipped for brevity] b.[snipped for brevity] c.[snipped for brevity] d.All credit cards, debts, liabilities and obligations in his name alone or jointly with a third party. For reference I am the Respondent and she is the Petitioner. Does this mean that I am *NOT* paying her credit cards, debts, liabilities and obligations? Or does it mean that I am paying for it? Thanks.

Answer: Sorry to say but it looks like you ARE paying her debts. Don't take anyone's word here but ask an attorney. Should you not be able to afford one go to a v v o.com (spaced out because together the v's look like a w).

Question: QuitClaim Deed information? My friend is in ''separation mode'' in NC. Since his ex was unfaithful, he wanted the divorce. He, however, did not want to uproot or upset their child and therefor formulated a Separation Agreement with the wife. Since she wanted to stay in the marital home, he agreed to do a QuitClaim Deed. The clause reads '' Upon the execution of this Agreement, Husband agrees to, by quitclaim deed, convey his interest in said property to Wife subject to the existing note and deed of trust encumbering the property, the balance of which Wife assumes and agrees to pay. Wife agrees to refinance said property within ninety (90) days of the signing of this agreement. Wife shall indemnify and hold the Husband harmless there from. Wife further agrees to assume financial responsibility for the mortgage on the marital property beginning the 1st day of January, 2009.'' Needless to say, she has yet to refinance. This is preventing him from obtaining a dwelling that he feels is well suited for their child to come visit in for the entire summer. What can he do?

Answer: All a QuitClaim does is remove his name from the deed, but not from the mortgage note. He has to be very careful here or he could still end up having to pay on the house note, but not being able to claim his interest in the property. He needs to see a lawyer before his credit gets stuffed in the toilet.

Question: Husband being sued for ex-wife's default on automobile loan? The ex-wife willingly defaulted on an automobile that was in my husband's name solely, right after the final DD went through. Husband tried to explain to debt collectors that it was his ex-wife who agreed in the final divorce decree to hold husband " harmless of any debts" pertaining to this automobile. Now, they have filed suit against him in civil court. ONLY him. Obviously we do not have the extra monies to retain legal advice, so that is why I am at work now, typing this in a rush, seeking advice. Can they really sue him if he is to be held harmless to this debt? Can they come after me, his current wife? We have ample evidence that proves that the ex-wife is to pay on this automobile loan and hold husband " harmless." He even tried to tell the debt collection agency, but they did not want to listen or even see the agreement. I need the truth here, and serious answers only. Debt for automobile is 14K. We are in the state of Florida. What can they go after if they win? Husband still has a joint mortgage with the ex-wife, can they place a lien on the home instead? Thank you, very much. Added: In the final divorce decree, my husband was to be held "harmless" of this existing debt. The ex-wife signed off on it. Is that not enough? Added: Loan debt was NOT sold before final divorce decree, but AFTER. Ex-wife defaulted on it, 4 months after the divorce because she was offered a "free" automobile by family. Yes, being held "harmless" to this debt is written in the decree. Thanks guys. Yes, the ex-wife let the car go without paying. They took it from her. I want to go shove this summos down her lying, lazy throat. JK (kind of) Can they come after my assests as well now that I am his current spouse? This is a big question here. Yes, the ex-wife let the car go without paying. They took it from her. I want to go shove this summos down her lying, lazy throat. JK (kind of) Can they come after my assests as well now that I am his current spouse? This is a big question here.

Answer: I'm NOT a lawyer and I can NOT make any guarantees, but... If there is a court order that states that this Debt is to be carried by the ex-wife, there SHOULD be no problem in convincing the car loan provider that this loan is not to be carried by him. Unfortunately it sounds like the debt has been sold from the Car Loan Provider to a debt collector. This debt collector has gotten HIS name. The loan debt was sold to the debt collector BEFORE the agreement of "harmless of any debt" was written up. Therefore by the time the Car Loan provider sold the debt to the collection agency it was HIS problem to deal with. Depending on state laws, court documents related to the divorce and the exact dates that the several steps took place, i suspect that you'd be able to get it clarified if/when it came to a trial. I strongly advise to find a lawyer to put this right for you. If you battle it yourself, it might become difficult, with someone that has experience on your side, you might be able to find the holes in their story. Good Luck!