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.
- 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)
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.
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.
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