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EXCULPATORY CLAUSE

Credit gives the word to pay either by repaying it or returning those resources later. In other words, this credit is the method of making the reciprocity formal, legally enforceable, and of course, extensible to a vast group of people who are not related.

However, the resources provided may be financial or have goods or services, like consumer credit. The credit covers any form of deferred payment. Credit generally gets extended by the creditor, the debtor or lender, and sometimes the borrower.



Definition

The exculpatory clause is a part of an agreement which prevents any party from holding another party liable for any contract-linked damages. These clauses are often used throughout several purchases and similar transactions. These include plane ticket and amusement park or theme park ticket purchases. Courts often take a negative view of these clauses, since they enable parties to bypass responsibilities. Courts may strike down specific exculpatory clauses when they are concealed in any contract or have extensive coverage which leads to public policy violations.

Use of Exculpatory Clause in Real Estate

This clause may be applicable for various transactions in the real estate sector. This relieves any one party from the liabilities that result from the regular execution of the agreement/contract. Disclaimers in some cases may indicate similar exculpatory clauses or other language of a similar nature. The clause may become invalid if there is any intention to commit any fraud or deception as per the policy’s terms and conditions.

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