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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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My siblings and i have received checks from an energy co regarding

Customer Question

My siblings and i have received checks from an energy co regarding easement on our family property. i do not agree with the settlement but i did not want to hold up the distribution of funds because my siblings really needed the money. if we all cash our checks can we pursue the settlement amount further? i would have more time to do research etc. these companies prey on people who do not have the means or the resources . this property is in Arkansas and the person representing the company kept making references to the money we were getting as a gift from God!
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 2 years ago.
Hello. Cashing settlement checks could be construed as acceptance of the settlement. If you are unhappy with the settlement, then you should not cash the check pending continued settlement negotiation. Usually though, there would be some type of general release you would sign along with receipt of the check. If you have not signed it, you possibly could cash the check and still attempt settlement but this would be risky. Note that your siblings can settle their amount and you do not have to settle your amount if you are all co-owners of the property. Still, cashing the check could be used as evidence of acceptance.