EXHIBIT 3

$37.35 – PayPal charges for electronic payment by Eagle Management to your account
My client acquiesced to your demand that you be paid via PayPal, despite its custom of making payments by check or direct deposit. Therefore, in no event shall my client cover your expenses in receiving this payment as you demanded.

1. FACT - WE RECEIVED THIS PAYMENT ONE MONTH AFTER DUE.

  • Contract Clause 3. L., 3. M. - EM was to remit the Security Deposit collected October 1st-8th-10th and / or 11th of October ( date to be determined upon subpoena of documents - and witnesses ).
  • The funds were to be transferred to us by the 15th of each month. Earlier in this case.
  • We finally received the security deposit November 14, 2012 - one month late - 20 days after giving the keys to the present occupants.
  • This is a material BREACH OF CONTRACT.
  • A tenant pays EM $30 FOR "late fees" - Eagle Management is above the law for an overtime penalty ? ONE MONTH LATE.





2. FACT - PAYPAL DOES NOT CHARGE FEES
  • PayPal is free. EM chose to use their credit/debit card. Credit Card companies charge a fee. 
  • EM chose to have us - pay the fees for using their Credit/Debit Card - and not link their bank account or transfer a balance to a PayPal Account - ( there is an option - easier to understand than their software program by far ). 
  • EM does not seem to like to read - witnessed by multiple emails repeating the same instructions. Over and over.
  • 0.5% cross border = $4.75 on the $950 Security Deposit - WOULD HAVE BEEN THE TOTAL FEE.EM WAS TO PAY.




    3. FACT - EM AGREED TO PAY TRANSACTION FEES.
    • Our invoice clearly stated that EM was to pay transaction fees ( we are always careful - with details ). They accepted this condition by paying the invoice - for funds due Oct. 15th - dated October 25th and finally paid November 14:




    READ INVOICE >>

    Terms and conditions

    DANIEL IRWIN DRE Salesperson License Issued: 07/22/11 - AND/OR EAGLE PROPERTY MANAGEMENT IS TO PAY FOR ALL FEES ADDED TO THIS TRANSACTION - TO BE CHARGED AT A LATER DATE.

    Note to recipient

    FAILURE TO PAY FUNDS BY 15:00 PST - WILL CONSTITUTE A BREACH OF CONTRACT - REF,: "XXXXXX - PMA and LL" - DATED SEPTEMBER 6, 2012

    4. FACT - EM SAY THEY SENT A CHECK - IT NEVER ARRIVED. THEIR WEBSITE ...
    • ... did not work - after multiple attempts - starting October 18th (they had forgotten about setting this up earlier). Oops.
    • ... asks for unnecessary confidential information to transfer funds to our bank account. 
    • ... obligates us to allow removal of funds from our bank account. THE WORDING IS NOT SPECIFIC TO ALLOWING ONLY TRANSFERS. 
    • We had an Identity Theft in 2005. We do not give out our bank account and other information to just anybody - especially EAGLE MANAGEMENT - with the above mentioned - and other many "irregularities".




    AGAIN
    5. WHAT THE LAW SAYS
    • The law states that we may decide how to be paid - " ... in accordance with instructions from the person entitled to the funds" - not EM.
    B & P Code (California law) Chapter 3, Article 1 10145.  (a) (1)
    Handling of Trust Funds - Interest-Bearing 
    Accounts - Neutral Escrow Defined

    10145.
    (a) (1) A real estate broker who accepts funds belonging  to others in connection with a transaction subject to this part shall deposit all those funds that are not immediately placed into a neutral escrow depository or into the hands of the broker’s principal, into a trust fund account maintained by the broker in a bank or recognized depository in this state. 

    All funds deposited by the broker in a trust fund account shall be maintained there until disbursed by the broker in accordance with instructions from the person entitled to the funds.



    State of California - Department of Real Estate - TRUST FUNDS


     

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