AREA – COVID-19: Hold Harmless Agreements

AREA – COVID-19: Your Practice & Forms

Hold Harmless Agreements for Buyers and Sellers Should members and their clients choose to move forward with showings or appointments, the Hold Harmless Agreements are tools brokerages may to use to mitigate their risk associated with those showings. Clients are encouraged to consult with their lawyer before signing these agreements:

Seller Hold Harmless Agreement – COVID 19

Buyer Hold Harmless Agreement – COVID 19

The forms say: “The Buyer acknowledges that he/she has reviewed the Government of Alberta recommendations regarding COVID-19 and the risks of exposure to that virus. The Buyer in agreeing to view the property promises to save and hold harmless the Brokerage and its representatives from any and all COVID-19 related legal claims arising from their decision to view the property. The Buyer acknowledges that he/she has had opportunity to seek independent legal advice with respect to the execution of this agreement.”

and

“The Seller acknowledges that he/she has reviewed the Government of Alberta recommendations regarding COVID-19 and the risks of exposure to that virus. The Seller in allowing their property to be shown to prospective buyers promises to save and hold harmless the Brokerage and its representatives from any and all COVID-19 related legal claims arising from their allowing their property to be shown to prospective buyers. The Seller acknowledges that he/she has had an opportunity to seek independent legal advice with respect to the execution of this document. “

The Hold Harmless Agreements are property-specific. When working with sellers, members must have an in-depth discussion regarding the risks associated with each showing request, even if a Hold Harmless Agreement is in place. The seller can then decide if it is appropriate for them to accept a request based on the information at hand. When working with buyers, it is recommended to have a hold harmless agreement signed for each showing (though multiple properties may be added to the form when several homes are being viewed at a time). The REALTOR^® must discuss the risks associated with each individual showing so the buyer can decide what homes are appropriate to view.