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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117370
Experience:  Attorney experienced in commercial litigation.
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I am purchasing a home from Sunburst Estates in Sand

Customer Question

I am purchasing a home from Sunburst Estates in Sand Springs, OK. I have not received a complete and understandable statement on my account. A company, CAIRN, recently bought the property. I have not received any new documents to sign nor have I received an up to date account statement. The amount I have to pay each month has been changed so many times that I don't know what the correct payment amount is. I am displeased with my property manager.
On the first of this month, like every previous month, I gave Sunburst Estates a check for the lot rent and payment for the home. I crumpled the check.
CAIRN now states that the payment is more than what I paid (I haven't received an account statement to know what the correct payment should be, or how my money is being applied to the loan). CAIRN also states they do not have an obligation to accept my check: 1. Because the bank's scanning system will not scan the check (I have a video of the check if you'd like to see), & 2. They are not obligated to accept personal checks at all, but they haven't provided me with any alternative payment methods.
My question comes in two parts. First, is the property manager required to send me an account statement each month? And second, if they haven't tried to deposit my check, do they have the right to refuse my check as a legal payment method?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They cannot change the terms of your contract with them for payment. This means they cannot change the amount you owe. They must provide you pursuant to the fair debt collection practices act an account statement showing what you owe. If they are refusing to do so, this is a basis to sue for breach of contract. While they do not have to accept any personal checks, they must inform you what type of payment is acceptable and if they do not do so they cannot seek damages against you for non-payment

At this point, you need to consider engaging a local consumer protection attorney to represent you because this seems from your statement that the company is breaching their contract with you and committing unfair and deceptive business practices as well and that means you can sue them for up to triple damages plus attorney's fees as well.

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