So sorry! This response is going to be a little long. But so far, I'm in total agreement with your response and am very satisfied. Below, you will see her original response to our demand for payment, and then my response to her.
Her response to our payment demand: ( please realize the when she states "the amount you are owed" is based on her opinion or her "reconcilliation", not necessarily the amount invoiced.)
After our meeting yesterday….and after having time to think about how to “move forward” , I would like to propose the following. You were absolutely right about not having a signed contract…therefore
Option 1 We all sign the original contract as of today, or tomorrow, but an accurate date reflecting that it’s being signed now as acknowledgement that this is indeed the agreement we have been working off of since May 1, 2012. You would also be expected to sign a “cancelation” of that contract and would be paid what you are owed.
Option 2 No document governs us, therefore, you owe me nothing and I owe you nothing. Anything currently signed with Cj would stay except for the contracts on the property at 900 Hwy 24, Clearwater. That contract you can keep.
I will not work on any “reconciliation” of the books until I hear further from you on which way you would like to proceed.
Thanks for the consideration,
After considering your 2 options, we've determined that neither of those works for us, and we stand by our proposal (copied and pasted below) There are dishonored checks that we need to have honored promptly. I honestly do not want this to get any uglier than it has already become, but we will not just walk away from dishonored checks, and let it go. Again, please see below.
The returned checks written to us totaled $3914.25
One of them was for work Bob did for Jean Thompson at 1230 Rolling Oaks in the Amount of $252.06. Jean has replaced that check.
It seems $40 of the $3914.25 was for Apollo snow plowing, which was an inadvertent oversight on my part.
We are still owed the Placement fee of $700.00 for 1230 Rolling Oaks, less your 20% which leaves amount of $560.00 owed to us for this property placement.
We will be happy to sign any exit document you have that includes a one year non compete clause for Residential property management (to include apartment bldgs, duplexes, townhouses, etc) We want to leave the option for commercial open. (the contract that you have a copy of was never used except to give my nephew a document to bring to the bank to show what his lease payment would be, it was never a fully executed contract) In return you will honor the checks written to Bob minus the $252.06 and $40.00 mentioned above. The check total would be $3622.19 plus the $560.00 for Rolling Oaks with a final total of $4182.00 You can then also cash the checks that Bob issued to you. OR you can deduct the total amount of those checks from the check you write to us, and return those checks to us.
Within the "exit" document, there could be a "confidentiality agreement
" that would specifically state that all business practices from the past year be kept confidential.
We all can then walk away and chalk this up to a learning experience.