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Mr - I arrived back home today. May we continue where we…

Mr Simmons- I arrived back...
Mr Simmons- I arrived back home today. May we continue where we left off. Right now is not a good time to talk on the phone. Tonight I would prefer it in writing.
What is the definition ER408 as it appears in the offer letter from Mr. Visser? Why has Mr. Visser typed the ER408 across the top of the offer letter?
Also, on the second attachment being the Real Estate Excise Tax Affidavit form and filled out by Mr. Visser, he has added the ex mediator's (Trisha Lotzer's) address in the address field under my name. She resigned before I contacted Mr. Visser with the draft of your letter. I also terminated her in writing after she resigned just to be sure she was no longer a part of negotiations. I have copies of both emails which are dated. I also kept the receipt for the certified letter (the letter you drafted) I'd sent to Mr Visser showing it was 4 days after the termination email to Lotzer. I don't want her on the form.
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Answered in 13 hours by:
3/14/2018
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,612
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

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I suspect they are referring to rule of evidence 408....this simply means that this letter can not be used in court.

As for Trisha's address...you can demand they update and remove her name/address...that should be easy to accomodate.

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Customer reply replied 1 month ago
I understand your answer for the evidence 408.
As for Trisha's address... I've attached the mediation contract we had. Please read section 5 about termination. It says something about after termination of contract and the terms surviving. What exactly does that mean?
Also, would I be pushing the envelope to ask for $5000 more? What, maybe, would their anticipated response be?

That means that you are obliged to honor the terms of the agreement, even after the process ends/

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Customer reply replied 1 month ago
are you still with me? If you are, I'll be near the computer. If not, let me know and I'll be back later : )

That means that you are obliged to honor the terms of the agreement, even after the process ends

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Customer reply replied 1 month ago
Mr. Simmons, Please read the paragraph that begins..."In lieu of sending you a final invoice, ..." Doesn't that say/mean she is waiving her portion of the settlement and the final payment, but leaving it up to me as to what I pay her, if anything at all? My other question wasn't answered about what might Mr. Visser's response be to me negotiating for $5000 more? I know it's a guesstamate, but your guesstamate would be a professionals guess.

I can not tell you want she means...you should ask her what her intent is. I am not able to speculate on what others may or may not do or think.

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Customer reply replied 1 month ago
I took Ms. Lotzer's advice to seek WA state law through an online attorney. That's when I contacted Just Answer and got you. I told her I'd conversed with you, and she literally freaked out. I was taken aback/dumbfounded. I would rather give you a bonus, than pay her another cent.

I can not represent you. That would violate the terms of service of this website.

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Customer reply replied 1 month ago
I am not asking you to represent me. I know you're not hireable. There is a place on this website that gives me the option to "tip" you. I'm not wanting to hire you.

I am happy to answer questions for which I am confident in the answers. But I can not speculate what others may be thinking.

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Customer reply replied 1 month ago
ok. Understood. So, if the email Trisha wrote in concluding our contract were written to you, how would you interpret her paragraph about the final payment? I'm "guessing" you might write her back and ask her what her intent is. But before you actually write her back, how would you interpret what she wrote?

I read that to say she is not intending to pursue the charges...but would appreciate if I could send her money for her efforts.

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Customer reply replied 1 month ago
Thank you. That's how I read it as well. Sometimes, I really appreciate a second opinion and, especially when it's something legal. I'm going to send Mr. Visser an email demanding (telling not asking) him to remove Ms. Lotzer's name and address from the tax affidavit. Thank you. Hopefully, the next contact I make with you is after this is settled with my ex and Trisha Lotzer. Thanks again!

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,612
Experience: 12+ yrs. of experience including real estate law.
Verified
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P. Simmons
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Category: Real Estate Law
Satisfied Customers: 36,612
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