My real esate agent is asking me to sign a liability release, do I have to sign it? We did not close escrow

Asked by John, 90042 Wed Jan 21, 2009

yet. This is the main part of the liability release: i am releasing the listing office broker, agent, selling office, agent and seller of all past, present and future liabilities with regard to the sale of this property

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Monique & Joe…, Agent, Beverly Hills, CA
Wed Jan 21, 2009
BEST ANSWER
Hello John,

A great question!

There are certain standard required forms that offices require you to sign. This liability release, if it's not in your contract (look at the added verbiage in the standard California Association of Realtors forms and keep an eye out for anything added in) as being required, you shouldn't need to sign it. If you aren't comfortable than request the agent get their broker to translate or their in-house legal or better yet your own legal but request from your agent if you don't want to sign it see if the deal can continue without your signature. You might have the ability to back out of the transaction. Some REOS and short-sales may require you to sign a release of liabilty but generally it's not a required document. If the listing agent and selling agent are the same then I would request outside counsel as this is a can of worms. Personally I would not sign such a document but this is something you need to decide on for yourself.

All the best,

Monique Carrabba
The Carrabba Group
Keller WIlliams Wilshire
mcarrabba@kw.com
3 votes
Steven Ornel…, Agent, Fremont, CA
Wed Jan 21, 2009
Hi John, I'm not a lawyer; however, the following verbiage you quote would cause me to hit the brakes on a signature:

"I am releasing the listing office broker, agent, selling office, agent and seller of all past, present and future liabilities with regard to the sale of this property.” What happens when/if issues come up after the close of escrow that a reasonable person would surmise that the agent (et. al) should have known about?

My vote: Without further review of the exact text or the circumstances that led to the request, I would respectfully deny their request for your signature.

Best Regards, -Steve
2 votes
Bill Eckler, Agent, Venice, FL
Wed Jan 21, 2009
John,

If you are unclear or uncertain about any contractual wording or obligation relative to providing your signature, the best advice is always to consult an attorney for their input.

Do not sign until you have seen an attorney.

good luck
2 votes
Sky Minor, Agent, Los Angeles, CA
Wed Jan 21, 2009
Three letters for you my friend.

C Y A.
0 votes
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