TSF Development Custom Homes

Dear Revdex.com, this was the last correspondence between the *** and their attorney from my attorneyThis explains my sideI also attached all correspondence to the *** for your reviewI did everything possible to work this out with themPlease read below and let me know if you have any
questions. Mr***, As you know, I represent TSF Development, LLC in this matterMr*** asked that I respond to your request for the return of the deposit Pursuant to Section of the contract (which is attached hereto), the $10,deposit was refundable, only if you did not qualify for financingBecause you did qualify, but chose not to close, TSF is under no duty to refund it to you More significantly, pursuant to Section of the contract, upon the occurrence of an Owner Event of Default and the expiration of the Owner’s Cure Period, TSF was entitled to terminate the Agreement and retain all monies previously paid by the Owner as liquidated damages or seek recovery of any and all damages, including, but not limited to, “payment for all materials, labor, profit, overhead and fees.” I am attaching our prior Notice of Completion of July 13, 2016, which addresses TSF’s losses resulting from your failure to pay overages requested and approved in writing by you, totaling approximately $70,Specifically, if you had honored your contract and paid for all of your requested and approved overages, the Contract Price would have been approximately $640,As an accommodation and in a good faith effort to compromise, TSF was willing to eat approximately $30,in requested and approved overages in order to close the sale of the home to you Despite, TSF’s very generous offer of compromise, you defaulted on the contract and failed to cure sameAs a result of your default, I provided you the attached Notice of Default on July 22, and provided you with an opportunity to cure, per the terms of the contractI also made it clear that if you did not cure your default, TSF would take steps to mitigate its damagesI even went so far as to ask that you notify us if you did not intend to cure before the day notice period expired, so that TSF could attempt to mitigate and minimize its losses as much as possible, as quickly as possibleAgain, we received no response After receiving no response to my two letters detailed above, on August 21, 2016, I provided you with TSF’s Notice of Termination of the contract and advised you that TSF would be availing itself to all remedies under the contract and at law and in equity, including, without limitation, the right to retain the deposit I can assure you that TSF’s damages far exceed the amount of the deposit and if you pursue a claim to recover the deposit, TSF will counter-claim for damages far in excess of the amount of the deposit and for recovery of its attorney’s fees and expensesIn summary, your failure to honor the contract by failing to pay for overages you requested and approved, even after TFS offered you a very generous discount of $30,000.00, has resulted in significant damage to TSF; notwithstanding its recent contract to sell the property Accordingly, TSF declines your request for a return of the deposit Please direct all further communications regarding this matter to me

Dear Revdex.com, this was the last correspondence between the [redacted] and their attorney from my attorney. This explains my side. I also attached all correspondence to the [redacted] for your review. I did everything possible to work this out with them. Please read below and let me know if you have any questions. Mr. [redacted],   As you know, I represent TSF Development, LLC in this matter. Mr. [redacted] asked that I respond to your request for the return of the deposit.   Pursuant to Section 9.8 of the contract (which is attached hereto), the $10,000.00 deposit was refundable, only if you did not qualify for financing. Because you did qualify, but chose not to close, TSF is under no duty to refund it to you.   More significantly, pursuant to Section 7.3 of the contract, upon the occurrence of an Owner Event of Default and the expiration of the Owner’s Cure Period, TSF was entitled to terminate the Agreement and retain all monies previously paid by the Owner as liquidated damages or seek recovery of any and all damages, including, but not limited to, “payment for all materials, labor, profit, overhead and fees.”   I am attaching our prior Notice of Completion of July 13, 2016, which addresses TSF’s losses resulting from your failure to pay overages requested and approved in writing by you, totaling approximately $70,000. Specifically, if you had honored your contract and paid for all of your requested and approved overages, the Contract Price would have been approximately $640,000.00. As an accommodation and in a good faith effort to compromise, TSF was willing to eat approximately $30,000.00 in requested and approved overages in order to close the sale of the home to you.   Despite, TSF’s very generous offer of compromise, you defaulted on the contract and failed to cure same. As a result of your default, I provided you the attached Notice of Default on July 22, 2016 and provided you with an opportunity to cure, per the terms of the contract. I also made it clear that if you did not cure your default, TSF would take steps to mitigate its damages. I even went so far as to ask that you notify us if you did not intend to cure before the 15 day notice period expired, so that TSF could attempt to mitigate and minimize its losses as much as possible, as quickly as possible. Again, we received no response.   After receiving no response to my two letters detailed above, on August 21, 2016, I provided you with TSF’s Notice of Termination of the contract and advised you that TSF would be availing itself to all remedies under the contract and at law and in equity, including, without limitation, the right to retain the deposit.   I can assure you that TSF’s damages far exceed the amount of the deposit and if you pursue a claim to recover the deposit, TSF will counter-claim for damages far in excess of the amount of the deposit and for recovery of its attorney’s fees and expenses. In summary, your failure to honor the contract by failing to pay for overages you requested and approved, even after TFS offered you a very generous discount of $30,000.00, has resulted in significant damage to TSF; notwithstanding its recent contract to sell the property.   Accordingly, TSF declines your request for a return of the deposit.   Please direct all further communications regarding this matter to me.

Complaint: [redacted]
I am rejecting this response because:  Tim [redacted] never addresses the fact that he failed to complete my home and missed multiple closings, all of which were determined and scheduled by him.  He expected me to buy the home and move in with costly items left undone and incomplete.  He also requested that I deliver my personal items, a wine fridge, a mini fridge, and a mini fridge/freezer, to the home, which were no part of any contract, and he kept those items.  At a minimum, he should return my personal property.  If he no longer has the items in his possession, he should then reimburse me for the cost of those items (receipt attached).  
Regards,
[redacted]