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E. Sample Letters

 

FIGURE 2.1 Sample Broker-Seller Agreement

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Your Address

Telephone Number

Date

Name of Broker

ABC Brokerage Agency

Address

Dear (Name):

This will confirm that I agree to appoint you as my exclusive real estate broker effective (date) through (date).

You agree to use your best efforts to locate a willing, able, and ready purchaser for my home, located at (address).

It is agreed that the minimum acceptable price for my house will be $XXX. However, I have the right to withdraw my house from sale at any time, or to change the acceptable terms of sale.

For your services, you will be paid a commission of XX percent of the purchase price. However, you undertake your responsibilities with the understanding that your commission will not be earned until the full purchase price is paid to me. If this is not accomplished for any reason whatsoever, you will have no claim for commission or compensation in connection with this transaction.

As notice of your acceptance of this agreement, please countersign one copy of this letter and return it to me.

I look forward to working with you.

Sincerely,

(Signature)

 

 

Accepted and agreed to:

ABC Brokerage Agency

By:

[Send two copies certified mail, return receipt requested.]

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FIGURE 2.2 Sample Letter of Protest
Concerning Broker

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Your Address

Telephone Number

Date

Regional Office of the National Association of Realtors

Address

 

 

Dear (Name of Directors),

Please treat this letter as a formal complaint against (name of realtor, address of firm).

(Describe dates and incidents in detail. For example:) I am an African American. On (date), (name of broker) showed my wife and me several houses for purchase. Despite our repeated requests, we were not shown any houses in (specify neighborhood). I believe we have been discriminated against, since the houses in the neighborhoods in which we desire to live are owned by nonminorities but we can afford them.

(State what you desire--e.g., commencement of an investigation, apology, action, etc. For example:) I would appreciate a formal letter of apology from (name of realtor), together with the name of another realtor who can help me locate a suitable house in my desired neighborhood for my family. Additionally, please conduct a formal investigation against (name of broker), advise me of the progress and disposition, and notify me of the outcome of your investigation. I also request that you make this letter a permanent part of (name of broker's) file. Feel free to contact me for further information or my participation at a formal hearing, if necessary.

If you do not conduct an investigation immediately, I shall consider filing a charge with the Equal Employment Opportunity Commission and taking other action as deemed appropriate. I hope that this shall not be necessary, and I thank you for your prompt attention and assistance in this matter.

Very truly yours,

(Signature)

cc: Regional Board of Realtors Board of Consumer Affairs

[Send certified mail, return receipt requested.]

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FIGURE 2.3 Sample Letter of Protest to Contractor

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Your Address

Telephone Number

Date

Name of Contractor

Address

 

 

Dear (Name):

I hereby make a formal demand for you to cure the breach of our written agreement dated

Our contract specifically states that "time is of the essence" and that you will finish the job (state what was agreed to) by (date).

You are now ten days late under the contract. Therefore, I demand (indicate what you want the contractor to do to remedy the situation-e.g., complete work immediately, reduce the final contract price, etc.).

Unless I hear from you immediately, I shall contact my attorney and file a formal complaint with the Department of Consumer Affairs.

Thank you for your cooperation in this matter.

 

 

Sincerely,

(Signature)

P.S. I am sending a copy of this letter to the Complaint Division of the Department of Consumer Affairs to remain on file.

[Send certified mail, return receipt requested.]

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Most contractors are anxious to receive the final payment and will attempt to accommodate you if your demands are not unreasonable. Sending a letter should help. (Additional strategy: Never agree to changes in the original contract unless the changes are agreed to in writing and initialed by both parties. This is for your protection.)

 

 

 

 

 

FIGURE 2.4 Sample Complaint Letter

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Your Address

Telephone Number

Date

Director

Regional Office, Complaint Division

Department of Consumer Affairs

Address

 

Re: Request for Commencement of Investigation Against (Name of Contractor)

 

Dear (Name):

I hereby request you to commence a formal investigation of (name of contractor), located at (address), license number (#).

On (date), I signed a written contract with (name of contractor) to receive (specify work to be performed, where, at what price, etc.).

After the job was supposedly completed (state what happened, what you observed, etc.), I immediately contacted the contractor several times by phone and letter and requested that he complete the job in the manner specified in our contract. On (date), I spoke with (name) and (state what you told the contractor, whom you spoke with, what was said, etc.). On (date), I wrote a letter to the contractor.

To date I have been ignored.

I enclose a copy of the contract, color photographs showing the condition of the premises as they currently exist, and additional correspondence, including a formal demand letter which I sent by certified mail, return receipt requested, which went unanswered.

It is my understanding that you have the authority to schedule a hearing. I would appreciate that this be done as quickly as possible because (state the reason).

I am available at (give your telephone number) during business hours to assist you at your convenience. Kindly notify me of all developments in this matter.

Thank you for your cooperation and courtesies.

Very truly yours,

(Signature)

 

P.S. I am demanding (state how you have been damaged and what you wish to recover).

cc: Copy sent certified mail to contractor

[Send certified mail, return receipt requested.]

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(Wait a few days after sending the letter, then follow it up by calling the agency. If you do not receive appropriate action, consult a lawyer to determine your private legal rights and options.)