The Law Offices of Kirk A. Cullimore prepared our rental contract. It is filled with grammatical errors: the resident is referred to as "it" throughout the document, the resident's guests are referred to as "it's guests, " and where there should be apostrophes, there aren't. Worse than the grammatical errors are the unethical and illegal terms of the contract.
Throughout the document, the resident agrees to things for all their guests. I'm pretty sure I don't have power of attorney for any of my visitors, and I can't agree to anything on their behalf. They would have to sign their own waiver. Example: "Resident shall indemnify Owner from any liability to any third party." OK, I indemnify them, but that doesn't mean my visitors do. Other example: "This waiver shall apply to all residents, occupants, guests, and minors."
We agree to potentially perjure ourselves (illegal category): "Resident agrees to defend Owner against any and all claims, actions, causes of action, demands, losses, damages, and expenses of any kind... Arising out of the growth or proliferation of mold or mildew or other contamination
in the premises." Um, no. Also, again with the I don't have power of attorney for my guests issue: "Resident agrees that Owner shall not be liable for any damages caused to Resident's guests resulting from mold, mildew, or any other contamination."
We agree not to have the premises tested for any sort of contaminant. If we really want, we can pay the owner to perform the tests, but they don't have to disclose the results to us unless the results are above legal limits. This one is borderline, but I tend to believe it's illegal.
The owner is not responsible for any damages caused by structural problems, toxins, contamination, or "negligent behavior of Owner or its agents."
Kirk A. Cullimore apparently believes a signed contract supersedes federal, state, and local law. The owner's responsibilities are to "remain in substantial compliance with federal, state, and local laws."
Overall, we haven't yet had any actual run-ins with them, but any lawyer who would put his name on such a legally and grammatically flawed contract has to be bad news, and based on the other reviews I've seen for him, I hope we never do.
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