Standard Management Agreement Form/contract

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Agent Mary
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Standard Management Agreement Form/contract

Post by Agent Mary »

Has anyone found a useable (not borrowed from someone else) standard agreement form for use in Florida for an owner/management company agreement? There are lots of property management forms out there that cover long term rentals but not one that makes an agreement between an owner and a management company. Everyone seems to do their own, but that is technically practising law which unless I am an attorney, which I am not, is not legal. Using someone else's form may breach a copyright and is not legal either unless written specifically for me. help?
Property management in Greater Tampa Bay and Gulf Beaches
Residential, fractional ownership and vacation property specialist.
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paolo
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Re: Standard Management Agreement Form/contract

Post by paolo »

Welcome, Mary.
Agent Mary wrote:Everyone seems to do their own, but that is technically practising law which unless I am an attorney, which I am not, is not legal.
I think you have answered your question there - wouldn't it be best to have an attorney make you up a contract for your specific needs?
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Musetta
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Post by Musetta »

Not sure if you are talking about something Florida specific, but I do know that contracts do not have to be drawn up by an attorney to be legal - We had our own contract at one time for a long-term rental property and didn't involve an attorney...until we had payment/tenant issues and needed one to write a letter for us. Our contract was perfectly valid and legal. You can also go online and purchase all kinds of contracts drawn up by those in the legal profession. I've never done it, but you certainly can. (I remember years ago I purchased a rental contract at the local stationary store for a NYC apt. I was subletting.) Home Away and some of the other listing sites have contracts you can download and use - not sure if they have one for property management, but you could check. Anyway, in my state, at least, creating an agreement between two parties is most defiantly not "practicing law" and is allowed and, as far as I know, perfectly legal. If you are managing numerous properties and want to make sure you are legally protected, that's another story and I would think an attorney can review and make changes to any contract you write up for a very minimal fee...a few hundred dollars max - probably worth it if this is your business. (not sure if you are speaking as the owner or management - just guessing though due to your nickname!)
Janee
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Post by Janee »

Musetta wrote:Not sure if you are talking about something Florida specific, but I do know that contracts do not have to be drawn up by an attorney to be legal .....
... Anyway, in my state, at least, creating an agreement between two parties is most defiantly not "practicing law" and is allowed and, as far as I know, perfectly legal.
Musetta is right. There is no such requirement - in any U.S. state - that contracts must be prepared by an attorney in order to be valid/enforceable! State laws may differ pertaining to the requirement that "all agreements concerning real property must be in writing" (Statute of Frauds) - but, there is NO prescribed format either (you could scribble your offer and acceptance on a napkin after lunch - once both parties signed, it's a perfectly legal contract)..... [unless, of course, you can later prove that you were too drunk to know what you were signing :) - .... yet, even then, you may be bound by the terms of the agreement IF the other side had already given consideration in reliance on your sincerety!].
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