QUESTION

We own a 18 acre piece of property in California Can we make a contract for someone to buy and not be held liable

Asked on Apr 05th, 2017 on Business Litigation - Utah
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I'm not 100% sure what you're asking, but if you want to avoid liability to some third party, such as a gardener, somebody who fell on the property, a mortgage lender, you can assign the liability to the property buyer, but that is only effective between you and the buyer, it won't affect the third party's rights against you.  In other words, the third party would still sue you and you would still have to pay, but you could recover your money from the buyer if (a) you contract for that right; and (b) the buyer has the money to pay.   If you're asking whether you can avoid liability to the buyer, the answer is that you can significantly limit your liability in your contract, but you can't completely avoid liability for anything.  For example, you can't avoid liability if you defraud the buyer into the transaction.
Answered on Apr 05th, 2017 at 11:26 AM

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