Home, Land, Property Buying and Selling - Need free forms
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greenitup09
01-22-09, 10:06 AM
I was just giving an old house that I'm going to take down.The owners just asked me tog ive them some document or form showing that they'll not be responsible for any injuries that may occur while doing it.I live in SC if that may help any.Does anyone know of any free forms like such online or maybe what to google.Thanks
twelvepole
01-22-09, 10:17 AM
Excuse me. You are giving someone a house to tear down for free salvage materials. They want you to sign "showing that they'll not be responsible for any injuries that may occur while doing it!!!"
Hello? THAT MAKES YOU RESPONSIBLE! Your property liability insurance will not cover any such injury. If you sign a paper to the effect that they will not be responsible, then who is? If you sign the paper and they get hurt, then they come after you personally if they get hurt.
Demolition contractors carry liability insurance. Contractors need to get a permit to demolish a house in addition to other permits.
Read the following thread to see what demolition can involve as to permits and building code requirements: http://forum.doityourself.com/real-estate-land-property-law/376755-needing-help-asap.html#post1507465
Now, that it is clear that we don't want you responsible for someone else's injuries because you thought you were doing them a favor by letting them tear down the house for salvage, please know that if the work is not properly permitted by the demolition folks and that all demolition is not done per required codes, THEN YOU WILL BE RESPONSIBLE! This can entail heavy fines for doing the work without proper permits and according to codes.
Talk with the local building code office to find out what the building codes require in your area for demolition. And, again, do not sign that you will be responsible for anyone's injuries.
Any work done on your property should be someone who carries their own liability and worker's compensation insurance on their employees. Liability insurance would cover any damage done to your property and their worker's compensation insurance covers any injuries to any employees. Your property insurance will not cover either of these. If they can not provide you with copies of certificates of liability and worker's compensation insurance, then do not let them on your property.
If you want to donate the house, contact a demolition company that resells salvaged building materials to salvage retailer who sells used building materials and fixtures. Make sure they have liability and worker's compensation insurance. Get copies of both certificates of insurance and call the agencies to confirm that the insurances are active.
If you can not locate a demolition company that is willing to do this and the local authority is requiring that you demolish the house, then it can be quite expensive for all the proper permits and payment to demolish per codes.
Hello? THAT MAKES YOU RESPONSIBLE! Your property liability insurance will not cover any such injury. If you sign a paper to the effect that they will not be responsible, then who is? If you sign the paper and they get hurt, then they come after you personally if they get hurt.
Demolition contractors carry liability insurance. Contractors need to get a permit to demolish a house in addition to other permits.
Read the following thread to see what demolition can involve as to permits and building code requirements: http://forum.doityourself.com/real-estate-land-property-law/376755-needing-help-asap.html#post1507465
Now, that it is clear that we don't want you responsible for someone else's injuries because you thought you were doing them a favor by letting them tear down the house for salvage, please know that if the work is not properly permitted by the demolition folks and that all demolition is not done per required codes, THEN YOU WILL BE RESPONSIBLE! This can entail heavy fines for doing the work without proper permits and according to codes.
Talk with the local building code office to find out what the building codes require in your area for demolition. And, again, do not sign that you will be responsible for anyone's injuries.
Any work done on your property should be someone who carries their own liability and worker's compensation insurance on their employees. Liability insurance would cover any damage done to your property and their worker's compensation insurance covers any injuries to any employees. Your property insurance will not cover either of these. If they can not provide you with copies of certificates of liability and worker's compensation insurance, then do not let them on your property.
If you want to donate the house, contact a demolition company that resells salvaged building materials to salvage retailer who sells used building materials and fixtures. Make sure they have liability and worker's compensation insurance. Get copies of both certificates of insurance and call the agencies to confirm that the insurances are active.
If you can not locate a demolition company that is willing to do this and the local authority is requiring that you demolish the house, then it can be quite expensive for all the proper permits and payment to demolish per codes.
marksr
01-22-09, 12:04 PM
"just giving an old house"
Based on his previous thread, I assume he meant "getting a house"
Based on his previous thread, I assume he meant "getting a house"
twelvepole
01-22-09, 02:03 PM
Sorry. I thought he was 'giving' the old house. But, it now sounds like he was 'given' the old house.
In that case, I can understand why owner's would want him to sign off that they would not be responsible for his injuries.
In that event, signing off on injuries is something the homeowner is insisting upon. I would also include in the contract that the owner is responsible for acquiring all permits and for meeting all code requirements re: demolition.
Both parties sign the two copies of the contract, and each keeps a copy.
A form like this? This is a modification of an internet form which can be further modified to include any and all requirements of the poster's state, county, and/or city and should be reviewed by an attorney for proper language.
VOLUNTARY RELEASE, WAIVER, AND ASSUMPTION OF RISK
AND AGREEMENT
Please read carefully and fill in all blanks before signing.
I, ________________________________________________(Party of the First Part), hereby affirm that I am being gifted the salvaged materials from the structure to be demolished by myself and located at ______________________ and owned by ________________________, (Party of the Second Part), and resident of ________ County, State of ________________, at the physical address ______________________ and mailing address _________________.
I thoroughly understand the hazards involved in the demolition of the structure including those hazards occurring during travel to and from the demolition site. I understand that these hazards include, but are not limited to, injuries, death, sickness, slipping or falling, being cut or struck by a structural material while performing demolition, injuries while inside or outside the structure, or while climbing on or off the structure, and any and all other perils of the demolition.
By signing this release, I certify that I am fully aware of and expressly assume these and all other personal risks involved in the demolition of this structure.
I understand and agree that neither the owner(s), their heirs, or assigns of the above listed individual(s) and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any occurrence during this demolition which may result in personal injury, property damage, wrongful death or other damage to me or my family, heirs, or assigns that may occur as a result of my participation in this demolition or as a result of the negligence of any party, including the Released Parties, whether passive or active.
Additionally, I understand that the owner(s) of the property for demolition are responsible for acquiring and paying for all required permits and inspections by local government agencies, utility companies or their agents, and any and all other agencies or organizations, as well as for posting of said permits as required, and not limited to the following: permits and fees for demolition; contacting and fulfilling all requirements of local water, sewer, electrical, or other utility companies or their agents, including any permits, fees, and inspections for any required capping of sewer and electric; any expenses for repairs required as a result of the demolition to streets, curbs, roads, highways, and any clean up of any soil or debris resulting from the demolition and left in the area of the demolition site or on streets, curbs, roads, or highways; any permits, fees, and inspections for plugging of any water or other wells on the demolition site; any permits, fees, and inspections for required fill and grading to restore the demolition site; any permits, fees, and inspections for pumping and filling any septic tanks on the property; and, any and all required permits, fees, inspections, and other responsibilities as required and any expenses not aforementioned to complete the demolition.
I understand that the owners are responsible for acquiring any tests for presence of asbestos, which should be done prior to demolition, and that the state guidelines for removal of asbestos must be followed. I understand that any asbestos removal will be done by a qualified asbestos remover and not by myself, who is not a qualified asbestos remover and will not be put at risk for asbestiosis or other diseases as a result of exposure to asbestos.
BY THIS INSTRUMENT, I HEREBY EXEMPT AND RELEASE ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS FROM ALL LIABILITY AND RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING PARAGRAPHS, FULLY UNDERSTAND THE POTENTIAL DANGERS INCIDENTAL TO ENGAGING IN THIS DEMOLITION, AND I AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS INSTRUMENT, AND THAT I UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PRECLUDE ____________________ FROM RECOVERING MONETARY DAMAGES FROM THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY PRODUCT LIABILITY OR THE NEGLIGENCE OF THE UNDERSIGNED (PARTY OF THE FIRST PART) OR RELEASED PARTIES (PARTIES OF THE SECOND PART, WHETHER PASSIVE OR ACTIVE.
I UNDERSTAND THAT THE OWNER HAS READ THE ABOVE DOCUMENT AND IS FULLY AWARE OF THE RESPONSIBILITY FOR ANY AND ALL PERMITS, FEES, INSPECTIONS AS REQUIRED TO COMPLETE THE DEMOLITION.
SIGNED:
Party of First Part: _________________________________ Date:____________________________________________
Party of Second Part (Owner):________________________
Date:____________________________________________
Notary:___________________________________________
Date:_____________________________________________
In that case, I can understand why owner's would want him to sign off that they would not be responsible for his injuries.
In that event, signing off on injuries is something the homeowner is insisting upon. I would also include in the contract that the owner is responsible for acquiring all permits and for meeting all code requirements re: demolition.
Both parties sign the two copies of the contract, and each keeps a copy.
A form like this? This is a modification of an internet form which can be further modified to include any and all requirements of the poster's state, county, and/or city and should be reviewed by an attorney for proper language.
VOLUNTARY RELEASE, WAIVER, AND ASSUMPTION OF RISK
AND AGREEMENT
Please read carefully and fill in all blanks before signing.
I, ________________________________________________(Party of the First Part), hereby affirm that I am being gifted the salvaged materials from the structure to be demolished by myself and located at ______________________ and owned by ________________________, (Party of the Second Part), and resident of ________ County, State of ________________, at the physical address ______________________ and mailing address _________________.
I thoroughly understand the hazards involved in the demolition of the structure including those hazards occurring during travel to and from the demolition site. I understand that these hazards include, but are not limited to, injuries, death, sickness, slipping or falling, being cut or struck by a structural material while performing demolition, injuries while inside or outside the structure, or while climbing on or off the structure, and any and all other perils of the demolition.
By signing this release, I certify that I am fully aware of and expressly assume these and all other personal risks involved in the demolition of this structure.
I understand and agree that neither the owner(s), their heirs, or assigns of the above listed individual(s) and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any occurrence during this demolition which may result in personal injury, property damage, wrongful death or other damage to me or my family, heirs, or assigns that may occur as a result of my participation in this demolition or as a result of the negligence of any party, including the Released Parties, whether passive or active.
Additionally, I understand that the owner(s) of the property for demolition are responsible for acquiring and paying for all required permits and inspections by local government agencies, utility companies or their agents, and any and all other agencies or organizations, as well as for posting of said permits as required, and not limited to the following: permits and fees for demolition; contacting and fulfilling all requirements of local water, sewer, electrical, or other utility companies or their agents, including any permits, fees, and inspections for any required capping of sewer and electric; any expenses for repairs required as a result of the demolition to streets, curbs, roads, highways, and any clean up of any soil or debris resulting from the demolition and left in the area of the demolition site or on streets, curbs, roads, or highways; any permits, fees, and inspections for plugging of any water or other wells on the demolition site; any permits, fees, and inspections for required fill and grading to restore the demolition site; any permits, fees, and inspections for pumping and filling any septic tanks on the property; and, any and all required permits, fees, inspections, and other responsibilities as required and any expenses not aforementioned to complete the demolition.
I understand that the owners are responsible for acquiring any tests for presence of asbestos, which should be done prior to demolition, and that the state guidelines for removal of asbestos must be followed. I understand that any asbestos removal will be done by a qualified asbestos remover and not by myself, who is not a qualified asbestos remover and will not be put at risk for asbestiosis or other diseases as a result of exposure to asbestos.
BY THIS INSTRUMENT, I HEREBY EXEMPT AND RELEASE ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS FROM ALL LIABILITY AND RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING PARAGRAPHS, FULLY UNDERSTAND THE POTENTIAL DANGERS INCIDENTAL TO ENGAGING IN THIS DEMOLITION, AND I AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS INSTRUMENT, AND THAT I UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PRECLUDE ____________________ FROM RECOVERING MONETARY DAMAGES FROM THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY PRODUCT LIABILITY OR THE NEGLIGENCE OF THE UNDERSIGNED (PARTY OF THE FIRST PART) OR RELEASED PARTIES (PARTIES OF THE SECOND PART, WHETHER PASSIVE OR ACTIVE.
I UNDERSTAND THAT THE OWNER HAS READ THE ABOVE DOCUMENT AND IS FULLY AWARE OF THE RESPONSIBILITY FOR ANY AND ALL PERMITS, FEES, INSPECTIONS AS REQUIRED TO COMPLETE THE DEMOLITION.
SIGNED:
Party of First Part: _________________________________ Date:____________________________________________
Party of Second Part (Owner):________________________
Date:____________________________________________
Notary:___________________________________________
Date:_____________________________________________
greenitup09
01-22-09, 04:19 PM
Yes,sorry.I was given a house.And that's just what I was looking for.thanks