What provision in an independent contractor agreement states the associate will not hold the broker responsible for claims, demands, suits, costs or expenses based on the associates' representation of the agreement?
A) Disputes and Litigation
B) Termination of Agreement
C) Indemnification
D) Regulatory Compliance
Answer:
The correct option is C) Indemnification Clause
Explanation:
This simply means that if the associate is found liable by a third-party due to errors and omissions or any action of tort, the principal or the broker, will not be vicariously held liable.
This clause may seem unfair given that for the most part of the relationship, the associate and the broker are bound by similar interests. However, sometimes one party may become self-focused, and this results in errors which translate to lawsuits.
This clause is a way of protecting the Broker. It is also implied that the associate will also enjoy immunity from any costs and damages which the broke may be held liable to.
Cheers!
