- Frankly - I would rather have all my teeth pulled - without anesthesia - - than ever deal with your client again.
- We have never "badgered" your client. He just does not answer emails nor remit funds he owes us. That simple.
- Poor thing - imagine receiving three reminders to pay us and admit they were "negligent" - at the overwhelming rate of once per week - since offering to send a check for our funds they are holding !!
- We cannot sleep - it is just awful that he feels so "badgered". Actually - we began to think he had taken a cruise somewhere ...
- Again, this sounds like extortion. We believe EM has no rights to collect any fees - yet, MR. LAWYER, he is free to sue us - should he believe the contrary.
- Again - we add email supporting the end of our agreement and your client´s refusal to stop placing his "approved tenants" in our property; sent 3.51 PM GMT+1 = 6.61 AM PST.
----- Original Message -----
From: xxxxx
To: Josh Bussey
Sent: Friday, October 26, 2012 3:51 PM
Subject: Re: xxxxx, 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,
From: Josh Bussey
To: 'xxxxx'
Sent: Wednesday, November 14, 2012 11:16 PM
Subject: RE: xxxxx, CA 95624 - REQUEST FOR MEDIATION of NOTICES - BREACH OF CONTRACT - TERMINATION OF AGREEMENT - FINAL COMMUNICATION
Hello xxx,
Although it is not in our normal procedures to pay via “paypal”, we went ahead and made the payment as you requested as a courtesy. The payment was processed today and the receipt number is 1076-01506807-5394.
The tenants got the keys to the property on the morning of October 26, 2012 which was prior to receiving your notice of contract termination. You are correct that the tenant requested to pick up the keys that Sunday. We informed her that doing so would not change the proration amount that was due. She therefore picked up the keys when the lease started. We are still holding the $183 of proration in our Trust Account. Please let me know how you would like these funds remitted.
For your records, the lease documents are attached. As I understand from your emails, you are already in contact with the tenant.
Thank you!
Josh Bussey
Eagle Management
Owner / Broker
DRE: 01900023
____________________________________________________________
- 1 - ORIGINAL INVOICE SENT - 19th - November. NO REPLY.
| Your invoice (0007) was just sent to Eagle Management et al.. Please note that it may take a few moments for this transaction to appear in your account. See your invoice
Summary of your invoice
Sincerely, PayPal |  | |||||||||||||
____________________________________________________________2 - REMINDERS (2 AND 3) SENT - 28TH. NO REPLY
To: Josh Bussey
Sent: Wednesday, November 28, 2012 4:58 PM
Subject: Re: xxxxxxx, Elk Grove, CA 95624 - REQUEST FOR MEDIATION of NOTICES - BREACH OF CONTRACT - TERMINATION OF AGREEMENT - FINAL COMMUNICATION
Please pay us what is owed, at this time, by PayPal. The invoice has been sent twice.
Thank you for your time and attention.
REMINDER: YOUR INVOICE PAYMENT IS DUE |
Hello Eagle Management et al.,
Here's a reminder that your payment is due for this invoice.
| Reminder from XXXXXXX AMOUNT PAST DUE. Funds collectied October 26, 2012. We cannot delay on this account any longer. |
| Pay Invoice |
____________________________________________________________
REMINDER: YOUR INVOICE PAYMENT IS DUE |
Hello Eagle Management et al.,
Here's a reminder that your payment is due for this invoice.
| Reminder from THE xxxxxxxxxx THIS IS YOUR FINAL NOTICE FOR PAYMENT ! If your payment is not received WITHIN 48 HOURS, this account will be FOLLOWED BY A FORMAL "DEMAND" AS REQUIRED - TO FILE LAWSUITS. This is an attempt to collect a debt. |
| Pay Invoice |
- EM may sue us for their unpaid contractual fees. We are more than willing to go as far as the judicial system permits - the FACTS are clear and well documented, not silly "... if you don´t play with me, I´m gonna take my toys and leave ..." arguments seen within your letter.
- EAGLE MANAGEMENT - may not hold our funds. We believe this to be considered a form of extortion - illegal and another reason for filing a legal complaint to both the Courts (Judicial System/s) - which we are doing:
- http://www.dca.ca.gov/publications/small_claims/basic_info.shtml#claim
- http://www.courts.ca.gov/documents/subp002.pdf
- and the Department of Real Estate Commissioner - which we are doing.
- http://www.dre.ca.gov/Consumers/FileComplaint.html
____________________________________________________________
Please direct your response to this letter in written format to this office.
- Our response is directed in a written format to you, your client - and all who have access to the world wide web.
- We hope it is clear.
- Should you have any questions or doubts - please contact us.
- We have plenty more FACTS not reproduced within this site. Our time has been wasted enough and prefer to prepare the rest of our disputes calmly - since your client has refused mediation and arbitration. We are aware of the statute of limitations - therefore - are not pressured.
- Please understand that we have many other personal and obligations.
- We believe that this issue is quite obvious - and the longer your client fails to perform his fiduciary duties and legal obligations - the more irritated we will become.
- You have forgotten our demand that EM be liable for the tenants they approved and forced into our property - should there be any material or financial damages
- Please try getting work as a soul singer - not a lawyer. Your near future may also be in jeopardy Mr. Scott.
- We believe that Attorney´s are also liable for losing their licenses: http://ethics.calbar.ca.gov/ - for writing similar letters of extortion, etc.
- Finally, after your attempts to threaten, coerce, intimidate and resort to "exortion" - we see another potential cause for filing a lawsuit.
Very truly yours,
LAW OFFICE OF MATTHEW D. SCOTT
MATTHEW D. SCOTT
Attorney at Law
Enclosures
cc: Eagle Management
c/o JOSHUA BUSSEY
via email only
____________________________________________________________
Unethical or Improper Professional Conduct - interesting reading:
http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct.aspx
https://secure.ethicspoint.com/domain/media/en/gui/11093/faq.html
http://www.calbar.ca.gov/
http://ethics.calbar.ca.gov/LinkClick.aspx?fileticket=mPBEL3nGaFs%3d&tabid=455
http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule3110.aspx
P.S. - 1. WE DO NOT HAVE ANY SIGNED CONTRACTS FROM EAGLE MANAGEMENT AT ALL.
ADDITIONAL REQUIREMENTS DOCUMENTS
The following is an additional requirement of the Real Estate Law and the Commissioner’s Regulations relating to the preparation and management of real estate transaction documents. Person Signing Contract to be Given Copy Under Business and Professions Code Section 10142, any time a licensee prepares or has prepared an agreement authorizing or employing that licensee to perform any acts for which a real estate license is required or when the licensee obtains the signature of any person to any contract pertaining to such services or transaction, the licensee must deliver a copy of the agreement to the person signing it at the time the signature is obtained. Examples of such documents are listing agreements, real estate purchase contract and receipt for deposit forms, addenda to contracts, and property management agreements.
ref.: http://www.dre.ca.gov/files/pdf/re13.pdf - PAGE 10
2. YOU AND EM AVOID TALKING ABOUT OUR REQUESTS FOR:
- All documents verifying their applicants are qualified to pay the lease commitments,
- The FCRA - permits owners to access all consumer information. EM is a property agent who collects this information on the owner´s behalf and for the benefit of.
3 Questions and Answers Regarding Trust Fund Requirements and Record Keeping
Q. Are security deposits on rental units the property of the owner or should they be held in trust by the broker for the tenant?
A. They are trust funds. As such, control and disbursement of the security deposits are at the instruction of the property owner.
ref.: http://www.dre.ca.gov/files/pdf/re13.pdf - PAGE 18
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