My client, by and through its agents, has accepted your contract termination due to a breakdown in communication and your lack of satisfaction with its services despite my client’s great efforts to resolve the dispute. What follows is an itemization of charges you have sought to be reimbursed by my client, along with my client’s response to each.
FACTS
We emailed your client a Termination of Contract Notice due to his FUNDAMENTAL BREACHES.
These breaches include, however are not limited to: breaching their fiduciary duties, professional negligence, and negligent misrepresentations.
A few - not all - are listed below - for your perusal:
BREACH 1
- Your client failed to remit funds by the date established in our contract with him. Clause 3.L. ( image above ).
- Funds due to be in our account October 15th were finally remitted on November 14th 2012 - one month late and because of our written deadline to file a small claims suit against him.
BREACH 2
- There were never - any owner statements rendered. Clause 3.M. ( image above ).
BREACH 3
 |
| WEBSITE - SCREEN SHOT OCTOBER 30, 2012 |
- Your client failed to verify tenant applications as promised. ( above image - from Eagle Management Website ).
- We did verify applicants - and found that they had not told the truth - about their previous landlords - and employment information.
- We asked your client for more information about their "approved tenants".
- Your client repeatedly refused to send proof of verification ( consumer / credit reports, criminal checks, previous evictions ... ). He admitted that only one applicant was processed - yet charged both applicants.
BREACH 4
- The lease contracts written and executed by your client and his agent - are all illegal documents by DRE Regulations ( we reserve reasons at this time ).
BREACH 5
|
| WEBSITE - SCREEN SHOT OCTOBER 30, 2012 |
 |
| This is the Pre-Occupancy inspection - with full service reports !! |
- Eagle Management did not plan to conduct a pre-occupancy inspection - nor full service report, as promised.
- Thus - the website promises services not rendered -- which constitutes >>
PART 3. REPRESENTATIONS TO THE PUBLIC
CHAPTER 1. ADVERTISING
Article 1. False Advertising in General ........ 17500-17509
Any violation of the provisions of this section is a misdemeanor punishable by
imprisonment in the county jail not exceeding six months, or by a fine not
exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment
and fine.
Any violation of the provisions of this section is a misdemeanor punishable by
imprisonment in the county jail not exceeding six months, or by a fine not
exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment
and fine.
http://www.leginfo.ca.gov/.html/bpc_table_of_contents.html_______________________________________
_______________________________________
After sending the Termination Notice Due to Contract Breaches - October 26, 2012 - 6:51 am PST - and Restraint from Property Notice - your client proceeded to give the keys to our property to their "approved tenants", ignoring our notifications.
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VARIOUS EXAMPLES OF - MULTIPLE EXHIBITS
----- Original Message -----
From: xxx xxxxx
To: Josh Bussey
Sent: Friday, October 26, 2012 3:51 PM = 6.51 am PST
Subject: Re: xxxxxxxx Elk Grove, CA 95624 - NOTICE -
BREACH OF CONTRACT - TERMINATION OF AGREEMENT
Dear Mr. Bussey,
We are sorry you have not answered our request below
for:
Request for Funds Due and Disclosure of Pertinent Financial Information
- We offered an immediate payment solution of funds ten days past due by PayPal - yet this has been ignored.
- You have sent us certain proof of income - yet no expenses
- thus we still have no complete financial information proving that the tenants
your company "approved" are financially qualified to pay the rent, utilities,
gardener etc. for the length of the lease you issue,
- The lease is extremely vague and contains numerous incorrections that could endanger our property and finances. Again, you have not sent proof of correction, acceptance by tenants or "the final copy of the new tenants lease" - as requested.
.
We are now obligated to serve Eagle Property Management
our FUNDAMENTAL BREACH OF CONTRACT - TERMINATION OF CONTRACT
NOTICE
Again, we are very sorry that you and your company do not
respond to written promises - including complete verifications of
tenants.
Electronically Signed,
/xxx xxxxx/
----- Original Message -----
From: xxx xxxxx
To: Josh Bussey
Sent: Friday, October 26, 2012 11:41 PM
Subject: Re: xxxxx, Elk Grove, CA 95624 - NOTICE -
BREACH OF CONTRACT - TERMINATION OF AGREEMENT
NOTICE OF RETRAINT FROM
PROPERTY
Eagle Property Management may not access our
property from the time and date of the below notice. We will give instructions
for the release of our keys and garage opener.
____________________________________________________________
The above clause also enabled EM to not continue. They forced the tenants into the property against our will, and the tenants - against theirs.
The "approved tenants" wanted to move in later still - and not pay the six days from October 26th - 31st.
The "approved tenants" wanted to move in later still - and not pay the six days from October 26th - 31st.
The owner of a property expects the property manager to:
- carry out the owner’s instructions, control costs and maximize revenue to maintain a stabilized cash flow as a return on capital invested (commonly referred to as the capitalization rate or the cap. rate)
- exercise control over the building to safeguard the capital invested, provide a duty of care through proper maintenance of the building
- be professional and well informed on Fair Housing laws and property management practices and procedures
- enhance the value of the property by making improvements that will increase its market value, retain and enhance pride of ownership.
Ref.: Fiduciary - DRE AGENCY
Agency - from the Department of Real Estate Definitions
... Equally, civil actions brought against real estate licensees by the public usually include causes of action for negligence, professional negligence, negligent misrepresentations and breaches of fiduciary duty.
Fiduciary duties include, among others, loyalty; confidentiality; the exercise of utmost care (and in certain fact situations, reasonable care); full and complete disclosure of all material facts; the obligation to account to the principal; the obligation to act fairly and honestly and without fraud or deceit; and the duty to "explain" and "counsel" about that which has been disclosed or should have been disclosed thereby permitting the principal to make an informed and considered decision to buy, sell, lease, exchange, borrow or lend.
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