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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 46014
Experience:  32 years of experience practicing law and a businessman.
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Hello, I went to Sears to have a battery replaced. The

Customer Question

Hello,

I went to Sears to have a battery replaced. The mechanic made a huge mistake causing the electric board to be damaged. I was left with no electric locks on my doors, no A/C, and no radio. Sears agreed to pay for repairs, however, I am being asked to sign a release. The release presented to me waived my rights to any further damages related to the initial event. I am concerned that if there are any related damages found later Sears will not honor the verbal agreement from the claims associate. Therefore I asked for the release to be revised. Does the statement waive my rights to requesting Sears pay for any related damages in the future?

PROPERTY DAMAGE RELEASE

KNOW ALL MEN BY THESE PRESENTS:

That the Undersigned, being of lawful age, for sole consideration of Seven Hundred and Twenty Dollars and 00/100 ($720.00) exclude approved supplement and rental invoices, to be paid to K & M. Pope , do/does hereby and for my/our/its heirs, executors, administrators, successors and assign release, acquit and forever discharge Sears, Roebuck & Co., Store #06794 and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen property damages and the consequences thereof resulting or to result from the occurrence on or about the 20th Day of June, 2013 at or near Store #06794, COLUMBIA, MD.

It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefore and intend merely to avoid litigation and buy their peace.

The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital.

THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT.

Thank you for your assistance.
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Yes, if you sign this, you are waiving any future rights against them related to the event. If they have promised you something different verbally, you want to insist that it be included in this provision because otherwise it will not be. This is such a common tactic where they basically say "trust us" and then hand you a document where you agree otherwise. BotXXXXX XXXXXne....you want to insist that the waiver be modified to cover you in the event other issues arise of which you are not now aware.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

That the Undersigned, being of lawful age, for sole consideration of Seven Hundred and Twenty Dollars and 00/100 ($720.00)for vehicle repairs, rental invoices, and consequences thereof resulting or to result form the occurrence on the 20th Day of June, 2013 at Sears, Roebuck & Co., Store #06794. Sears, Roebuck & Co., Store #06794 agrees to approve supplemental payment to Fred Frederick Chrysler to cover repairs in the event other issues arise of which we, Kelli & Marlon Pope are not now aware of up to 12 months after initial repairs are paid for. On the 20th Day of June, 2014, Kelli & Marlon Pope , do/does hereby and for my/our/its heirs, executors, administrators, successors and assign release, acquit and forever discharge Sears, Roebuck & Co., Store #06794 and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen property damages and the consequences thereof resulting or to result from the occurrence on or about the 20th Day of June, 2013 at or near Store #06794, COLUMBIA, MD.


It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefore and intend merely to avoid litigation and buy their peace.


The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital.


THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT.

Expert:  Richard replied 1 year ago.
Thanks for following up. Yes, that will work for you and protect you! :)
Richard, Attorney
Category: Business Law
Satisfied Customers: 46014
Experience: 32 years of experience practicing law and a businessman.
Richard and 3 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much. Have a blessed day and a wonderful holiday tomorrow.

Expert:  Richard replied 1 year ago.
You're welcome...it's my pleasure! And thank you so much for the blessings....God is always good! And, the same to you!
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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