Liability waiver, would you sign?

Discussion in 'Homesteading Questions' started by Caelma, Nov 20, 2005.

  1. Caelma

    Caelma Well-Known Member

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    In considering to rent a homestead, would you sign a total release of liability including negligent building, etc?

    I was looking at paperwork for a possible mini farm rental and the
    paperwork included release from liability including negligence of building, workmanship, etc.

    First thing that crossed my mind was Does this person know something in the house is unsafe?What do you think and would you sign it.
     
  2. JAK

    JAK Well-Known Member

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    You are right to always question what you are signing. The problem is often not knowing how to proceed to relieve any doubts.

    I think it depends on the jurisdiction, but in many cases those waivers will only stop nuisance claims. You are safe to sign if the place is safe. If it is not safe you are not safe. Put yourself in their shoes, but take your life in your own hands. If I was going to stay their a while I would get it inspected by a building inspector just as though I were going to buy it. I would get permission from the owner to do this, and strongly encourage them to come along. I wouldn't expect the owner to do anything neccessarily, but I would focus on safety concerns and discuss everything quite openly. Nobody wants anyone to get hurt. A good independant building inspector can provide a wealth of practical information and it is quite often $100 very well spent. It should also provide a good basis of understanding with the land owner, and discovering early whether or not you are able to trust each other and work with each other. Otherwise, what are you really signing?

    You also need to know what liabilities you are incurring after living there for a period. Are their maintenance and health and safety responsibilities? Do some of these be clarified? Can some of these be waived? For this you would want to consult a lawyer, again similar to if you were buying the place. Perhaps even more so.
     

  3. amelia

    amelia Well-Known Member

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    Disclaimers have become a fairly frequent thing, and are often used for the very practical purpose of shifting the responsibility for obtaining insurance from one party to another. One potential way of addressing your concerns about the owner's knowledge of unsafe conditions is to insist upon a written disclosure of the condition of the premises.

    States laws vary with respect to the enforceability of disclaimers of negligence. The result often depends upon the nature of the transaction (e.g., commercial versus personal), whether the disclaimer of negligence was bargained for, whether there is a meaningful opportunity for negotiation, and the relative sophistication of the bargaining parties.
     
  4. Caelma

    Caelma Well-Known Member

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    It would be one thing if I was buying it, but in all my rental years I have NEVER been asked to sign such a thing.
    I mean they own it and they are making income off of it, they, in my opinion should be responsable for it safety.What gets me is the release from
    neglagant building and workmanship. That one threw me.
    I personally would never put anyone knowingly in harms way and MUCH less try to make money of a place that could hurt a person.

    Accidents happen and I am not a sue happy person, but this sends up warning signs.
     
  5. Alice In TX/MO

    Alice In TX/MO More dharma, less drama. Supporter

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    I think I'd take that question to a lawyer.

    As a landlord, I carry liability insurance on all my properties. I do not ask renters to sign a waiver.
     
  6. michiganfarmer

    michiganfarmer Max Supporter

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    If I was buying I might. I can alway fix things myself. I wouldnt sign it if I was renting though. Either way I would want to inspect what I was signing a waiver on
     
  7. JAK

    JAK Well-Known Member

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    I hear ya.

    I think it depends on what is conventional in your locale. In England people generally don't own houses but sign 100 year leases, which for many practical purposes works like full ownership. On the other extreme you have folks rent apartments month to month and call the superintendant when a bulb needs changing. It also depends on how active or absent the landlord is. If I was a 90 year old lady renting out a farm to an able bodied farmer I would want to be relieved of more burden than if it was the other way around.

    The important thing is not to enter into a deal that you are unfamiliar or uncomfortable with, or that doesn't work for you for any other reason. If something seems out of the ordinary you want to have someone look into it.
     
  8. edcopp

    edcopp Well-Known Member

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    I think not. I would not sign a blanket release of liability. No doubt I would lay awake at night wondering what is wrong. Hazardous meterials dumped, toxic waste, lead based paint, termites. who knows what? When you rent a house you have a right to presume that it is livable, and safe within reason. :grump:
     
  9. kasilofhome

    kasilofhome Well-Known Member

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    This land would be in Alaska right? Heads up quite a bit of buildings in the Alaska area are not build to any code. Yes, people are right that there are federal codes but though they do exist the shortage of inspectors are few.

    My, home is just on would blocks --- no foundation it is just a cabin but the ele, sewage, and water are to code. So if I were to rent this out I would cover my butt and have that paper work for someone to sign.

    Eletrical work is often times done by someone who attended a Home depoe workshop or bought a book on ele. (doesn't mean that they read it). Same goes with the installation of wood stoves. This is to serve as a heads up for property in the sticks of Alaska. GETthe water tested, ele checked out and the wood stove. Many people rent out there older homesteads where sustandared workmanship has not Yet harmed anyone and the tenents are the ones who get to be there when there is an eletrical problem or fire.

    As for water the pockets for well vary so much that it does not matter if your neighbor has great water. Unless that will be your water supply.

    Yes, I know I can not spell. I avoided writting to hide it all though college and beyond.
     
  10. Caelma

    Caelma Well-Known Member

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    'So if I were to rent this out I would cover my butt and have that paper work for someone to sign.'

    Ok, but would you want to make money each month knowing this income may come from someone who can be injured and even killed due to unsafe conditions?

    I sure wouldn't. Guess when it comes to money some people simply don't care.
    I have never been asked to sign such a thing to rent.
    Not cool :nono: for folks to do.
     
  11. kasilofhome

    kasilofhome Well-Known Member

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    Hon, the cabin is on blocks, I would not and have not and will not hide the fact that the cabin has no foudation. This may be a new break to those who do not live in Alaska. It was news to me when I moved here from New York and I am really trying to help you understand that are and will be different here.

    Look, winning pol. campain ad was ""x number of residents are reg. to carry concealed weapond think twice before you vandel a place. You never know when you will meet up with an armed Alaskan" The man won the election

    Quite a few places are in my thoughs unsafe. which is why I would have them checked out. I have heard to many horror stories.

    As for my place. Look I live in it. But I accept that it could move in one of are many quakes. It rattles when the washers spins the clothes. If the day comes that I chose to rent it out I would disclose this information and I would get an signed notice that they the renters fully know the facts and that they would be taking the risk as adults.

    Please note my cabin was rewired to fix over 74 ele violation and I had it inspected and rewired.

    My sewage is dec approved. which is not common here in the rural area.

    Whats wroung with me renting out a place for money if someone is wants it and is not forced.
     
  12. Caelma

    Caelma Well-Known Member

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    Well, I'm going to pass on this, I read it over again and he even wanted total release from negligence repairs and maintence.

    Like I said I am not sue happy person. But to want release from possible shoddy repairs and maintence????????? I don't think so.

    I wasn't talking about people who make full disclosures making money. That is totally different, if you tell me it's on blocks, then it is my choice to rent or not, you're totally right.

    As to this statement:
    Look, winning pol. campain ad was ""x number of residents are reg. to carry concealed weapond think twice before you vandel a place. You never know when you will meet up with an armed Alaskan" The man won the election

    Heck I'd vote for him myself :goodjob:
    Anyone breaking into or vandalizing my place would most likely prefer being shot than to have the pitbull inside have them for dinner :happy:
    She's a well trainned sweetie and well behaved, the one time she was put in a situation of protectiing a family member, she made the idiot literally jump back 10 ft, he may of even messed his pants.
    I think it's honorable you would make a full, total and honest disclosure, I just seen this, espcially the part where it held him harmless for negligence in repairs and maintence, I seen it as a red flag.