110715 Angies List Review of Property Management Specialists of Central Florida,
Buyer Beware!
I engaged Property Management Specialists of Central Florida, Inc (PMS)on 18 Jun 2010, to provide property management services, including PMS prepared leases, collection of rents, and property maintenance, on two properties. The relationship was terminated by me on 17 Nov 2014. During the course of the contractual relationship, PMS failed to perform a large number of agreed upon services, including notification of repairs, collection of late fees and proper amounts of rent. PMS has a clause in their Prop Mgt contract that holds them harmless from any of their errors!
Info on Clause:
"...HOLD HARMLESS. Owner agrees to hold the Broker, it's employees, agents, and assigns harmless from all damage suits, claims, losses, and expenses arising in connection with the management of the herein described property...."
Could it be that they believe this prevents them from being sued by their clients for their errors?
The full text of the clause is below:
INSURANCE/FEES/TAXES/CHARGES:
2. HOLD HARMLESS. Owner agrees to hold the Broker, it's employees, agents, and assigns harmless from all damage suits, claims, losses, and expenses arising in connection with the management of the herein described property and from liability from injury suffered by any persons and/or property occurring on or about the premises.
Owner agrees to indemnify Broker for any damages suffered as a result of any lapse in or failure by Owner to maintain insurance coverage. Owner agrees to carry, at his own expense, adequate public liability insurance at all times in an amount not less than $100.000.00 per person and $300,000.00 per occurrence and shall furnish the Broker with proof of insurance and a copy of the declaration page. Owner agrees to name the Broker as additional-insured on all policies. The Broker also shall not be liable for any error of judgement or for any mistake of fact or law or for anything which he may do or refrain from doing thereunder, except in cases of willful misconduct or gross negligence. If suit is brought to collect the Broker's compensation or if Broker successfully defends any action brought against Broker by Owner, relating to the property, or Broker's management thereof, Owner agrees to pay all costs incurred by Broker in connection with such action, including a reasonable attorney's fee. Owner agrees to indemnify Management Company and hold Management Company harmlessfrom any and all debts, claims, duties, causes of action or other obligations of any kind or nature, including all forms of taxes, directly or indirectly relating to or concerning the management of owner's property, if such debts, claims, duties, causes of action or obligations were in any way incurred by the Owneer or arose as a result of Owner's activities or actions on or before the date of management agreement, provided only that this Section shall have no effects as to items or liabilities the parties have heretofore agreed are properly subject to prorations or that the management assumes in the ordinary course of the business at closing. In the event that the Management Company pays any debts or obligations for which Owner is responsible pursuant to this section, the Management Compay shall have the right to offset said payments and deduct them from the amount due to Owner pursuajt to a certain management agreeement being executed contemporaneously herewith. However, Management Company shall notify the Owner in writing immediately upon receipt of any demand for payment by Management Company of any such debt or obligation, in order that the Owner shall have the reasonable opportunity to satisfy same prior to any offset.
?Any deviations from the term of this agreement must be agreed upon by all parties in writing. Owner agrees to hold Broker harmless for any failure to secure tenant(s) and/or failure to collect any rents or moneys due from the Tenant for any reason.?