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I am a real estate agent being sued for a slip and fall accident on a property that I leased. During the time of the accident I had been informally working as the "manager" for the property owner. I was paid a monthly fee, I collected rent, and I arranged home repairs, but no contract was signed. I have no liability insurance. Since there is no contract as property manager, am I legally liable in this lawsuit?
State/Country relating to Question: California
while I cannot say that you are liable because that depends on the nature of the fall, but you cannot avoid liability due to the absence of a written contract when you accepted payment to act as the manager.
Thanks for the quick response. However, under normal property management contracts, the property owner covers the property manager for lawsuit liability purposes. If I accepted payment to act as manager and undertake the risks therein, should I not also receive the protection from the property owner as customarily practiced?
I am inclined to agree that normal practices would be applied, however I cannot completely confirm that notion because in such contracts the property owner does not cover the manager's breach of the agreement resulting in injury. This will really come down to whether you as property manager performed the duties in a satisfactory manner, if not, the owner would argue that you breached the agreement and are thereby personally liable.
Attorney
Negotiate, Draft, and Review many complex commercial agreements each year.