My client is willing to remit this amount to you in the form of a check to your physical address; however, all of the following items must be resolved as outlined below before such remittance will be made.
- We understand that your ultimatum ( above ) constitutes coercion and extortion. Penal Code 517 - 527. Good job, Mr. Lawyer. Is there not a violation against you also ?
- These are trust funds collected October 26th 2012 as rent payment - after our contract terminated.
- These funds are legally ours and may not be held and used to negotiate ( extort ) a release from our claims against your client.
- Eagle Management has no choice than to remit these funds as seen in our contract and as determined - by DRE law B&P codes.
- At this time - we believe a theft charge is in line. Mr. Bussey has held our funds for four months to date (February 27, 2013).
- Mr. Bussey has not attempted to remit these funds.
- The longer your client takes to remit the funds - the more he is hurting himself legally.
- If your client feels we owe him anything, this is a separate matter - and he may sue us for his claims.
- We point out, Mr. Matthew, that a lawyer who sends a letter containing such a communication is exposed to professional discipline based upon the disciplinary authorities' interpretation of the lawyer's intent in sending the letter or statement.
WE DO NOT ACCEPT CHECKS
- We are unable to accept checks - we are in Spain.
- International mail takes 5 - 15 days.
- The bank takes 15 - 30 + days to conform even a cashier´s check and charges 45 and more euros for the international confirmation.
- We have the legal right to establish payment methods - not Mr. Bussey >>>
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.
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