Legal Question in Landlord & Tenant Law in California
Could you explain this point in a re-location settlement agreement?
The parties represent and warrant that they have not heretofore assigned or transfered or purported to assign or transfer to any person, firm or corporation whatsoever, any claim, debt, liability, demand, obligation, cost, expense, damage, action or cause of action herein released. In addition to any other demands they may have against one another, the undersigned agree to indemnify and hold each other harmless against any claim, debt, liability, demand, obligation, cost, expense ( including but not limited to attorney's fees incurred) damage, action or cause of action based on, or arising out of or in connection with any such transfer or assignment or purported transfer or assignment.
I feel the first sentence should read 'will not' instead of 'have not' ... I'm confused.... Thank You !
1 Answer from Attorneys
The writer wants to make sure that you get paid directly, and no one else has a claim on the funds. If someone else does and you don't disclose it, then the person might directly have a claim against the payor, who would not want to have to pay twice. If such a person were to sue the payor, then you'd be required to pay the payor's costs and attorney's fees.
The payor doesn't care what you do with the money after the fact.
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