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What are your thoughts on the demand letter and how based on what you have learned this semester that the situation could have been avoided
What are your thoughts on the demand letter and how based on what you have learned this semester that the situation could have been avoided or what the real estate agent did wrong?
September 1, 2015 property seller RE: Purchase of Stephenville, Texas 76401 Dear Mr. Childers and Mr. and Mrs. Campbell Our firm represen We have been asked by our client to provide this notice of claim and demand for settlement to you. You should consider this letter a presentation of claim for purposes of recovery of attorneys fees. Please direct all correspondence regarding this matter to the undersigned. agen On or about August 14, 2015, our chased the above-referenced property from Dagent of both parties in thi transaction. Subsequent to entering into a contract for purchase, and repeatedly thereafter prior to closing, our client, directly or through her representatives, made inquiry of you and each of you regarding the possibility that an insurance claim had been presented or paid regarding hail damage on this property. This inquiry was prompted by knowledge of a hail event to entering into the contract. each instance, tively represented that no claim had been made and noinsurance proceeds received. Our ent relied onthese representations in proceeding to a closing of the property Seller This statement was false, deceptive, and misleading, as was revealed when our client was denied coverage with the explanation that the insurance company had previously paid the a hail claim and the roof was not insurable. This insurer was represented by a compan works for in the transaction, and it therefore appears he should have had full knowledge of the truth at all times material to this claim. We have been advised that the payment received was $15,000 Demand is hereby made for payment of $15,000, which monies are held in trust by the are dedicated to the repairs required on our client's roo You are advised that if f September 1 2015 Page 2 of 2 payment is not forthcoming suit will be filed to recover this amount, or the actual amount ofinsurance paid. At our client's election, we may further seek rescission of this sale and recovery of all fees paid in connection with such transaction. In the event of suit, we will seek recovery of our attorneys fees expended on behalf of our client. Notice is further given that suit will be filed pursuant to the Texas Deceptive Trade Practices Act, and pursuant to Tex. Bus & Coma Code S27.01. As required by such statutes, you are provided sixty (60) days from the date of this letter to respond and comply with this demand. Notice is given that failure to respond will result in suit, in which event the full measure of our client's damages will be sought. To avoid the necessity of litigation, you are advised to present this claim to your insurer and respond within the time indicatedStep by Step Solution
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