BRD Holdings Austin, TX. Jim Young
Jim Young Austin, BRD Holdings (aka Sabot Development)
James Young, Austin Texas
jyoung@brdholdings.com
jyoung@sabotdevelopment.com
Phone: 512-565-7509
Phone: 5125657509
ARMBRUST & BROWN, L.L.P.
This is what Jim Young will send you when working with him. If you have questions please feel free to email me directly and I will share with you my horror experience in dealing with him going back on his word. He talks about his military service, going to church and doing the right thing. I am still waiting for Jim Young to do the write thing with my money he will not return to me. You can email me directly at ((robert s e k) (@) (g mail) (.) (com)). The views expressed are my opinions that are backed up by the threatening letter his lawyer sent me.
ATTORNEYS AND COUNSELORS
FACSIMILE 512-435-2360
JOSHUA D. BERNSTEIN
(512) 435-2379
jbernstein@abaustin.com
November 28, 2006
Via Certified Main, Return Receipt Requested
Austin, Texas 78701
Re: Agreement of Sale and Purchase – 2209 SL Davis Condominiums, dated effective October 27, 2006 (the "Contract"), by and between BRD Holdings, Ltd., a Texas limited partnership, as "Seller", and XXXX XXX, as "Purchaser", relating to Unit A in 2209 SL Davis Condominiums (the "Unit")
Dear Mr. XXX:
As you know, pursuant to Section 6.01 of the Contact, you were required to close on your acquisition of the Unit within thirty (30) days after the effective date of the Contract. I understand that thirty (30) days have now passed since the effective date of the Contract, but that you have failed to close on your acquisition of the Unit because you have been unable to secure the financing which you require to finance the acquisition.
Please be advised that the Contract does not provide for a "financing contingency" or other provision which would release you from your obligation to close on your acquisition of the Unit within the time period required pursuant to the Contract for failure (for any reason) to secure financing. Accordingly, since more than thirty (30) days have now passed since the effective date of the Contract, and you have failed to close on your acquisition of the Unit, you are now in default of your obligations under the Agreement.
This letter shall serve as notice from the Seller to you, pursuant to Section 8.02 of the Contract, of your default under the terms and provisions of the Contract for failing to close on your acquisition of the Unite within the time period required pursuant to the Contract. IN accordance with Section 8.02 of the Contract, you will have thirty (30) days from this date of this letter to cure the default. If you fail to cure the default within this thirty (30) day period, Seller will be entitled to retain the Earnest Money provided for under the Contract as liquidated damages
ARMBRUST & BROWN, L.L.P.
Page 2
I understand the Seller has provided you all necessary documentation for Independence Title Company to release the Earnest Money to Seller, but that you have refused to sign such documentation. Please be advised that Seller intends to seek all remedies to which it may be entitled under the Contract as a result of your default, and is prepared to file suit to compel release of the Earnest Money as required pursuant to the Contract. In filing such suit, Seller will also seek to recover from you its expenses incurred in connection with the litigation, including any incidental damages and attorney’s fees incurred in connection with Seller’s seeking to recover the Earnest Money. Accordingly, please be advised that, if you continue to refuse to sign the documentation which Seller has provided to you concerning release of the Earnest Money, you will become liable to Seller for damages well in excess of the Earnest Money, and Seller will file suit to seek to recover any such damages (in addition to its Earnest Money).
If you have comments or wish to discuss this matter, please call.
Cc: Jim Young
via email
James Young, Austin Texas
jyoung@brdholdings.com
jyoung@sabotdevelopment.com
Phone: 512-565-7509
Phone: 5125657509
ARMBRUST & BROWN, L.L.P.
This is what Jim Young will send you when working with him. If you have questions please feel free to email me directly and I will share with you my horror experience in dealing with him going back on his word. He talks about his military service, going to church and doing the right thing. I am still waiting for Jim Young to do the write thing with my money he will not return to me. You can email me directly at ((robert s e k) (@) (g mail) (.) (com)). The views expressed are my opinions that are backed up by the threatening letter his lawyer sent me.
ATTORNEYS AND COUNSELORS
FACSIMILE 512-435-2360
JOSHUA D. BERNSTEIN
(512) 435-2379
jbernstein@abaustin.com
November 28, 2006
Via Certified Main, Return Receipt Requested
Austin, Texas 78701
Re: Agreement of Sale and Purchase – 2209 SL Davis Condominiums, dated effective October 27, 2006 (the "Contract"), by and between BRD Holdings, Ltd., a Texas limited partnership, as "Seller", and XXXX XXX, as "Purchaser", relating to Unit A in 2209 SL Davis Condominiums (the "Unit")
Dear Mr. XXX:
As you know, pursuant to Section 6.01 of the Contact, you were required to close on your acquisition of the Unit within thirty (30) days after the effective date of the Contract. I understand that thirty (30) days have now passed since the effective date of the Contract, but that you have failed to close on your acquisition of the Unit because you have been unable to secure the financing which you require to finance the acquisition.
Please be advised that the Contract does not provide for a "financing contingency" or other provision which would release you from your obligation to close on your acquisition of the Unit within the time period required pursuant to the Contract for failure (for any reason) to secure financing. Accordingly, since more than thirty (30) days have now passed since the effective date of the Contract, and you have failed to close on your acquisition of the Unit, you are now in default of your obligations under the Agreement.
This letter shall serve as notice from the Seller to you, pursuant to Section 8.02 of the Contract, of your default under the terms and provisions of the Contract for failing to close on your acquisition of the Unite within the time period required pursuant to the Contract. IN accordance with Section 8.02 of the Contract, you will have thirty (30) days from this date of this letter to cure the default. If you fail to cure the default within this thirty (30) day period, Seller will be entitled to retain the Earnest Money provided for under the Contract as liquidated damages
ARMBRUST & BROWN, L.L.P.
Page 2
I understand the Seller has provided you all necessary documentation for Independence Title Company to release the Earnest Money to Seller, but that you have refused to sign such documentation. Please be advised that Seller intends to seek all remedies to which it may be entitled under the Contract as a result of your default, and is prepared to file suit to compel release of the Earnest Money as required pursuant to the Contract. In filing such suit, Seller will also seek to recover from you its expenses incurred in connection with the litigation, including any incidental damages and attorney’s fees incurred in connection with Seller’s seeking to recover the Earnest Money. Accordingly, please be advised that, if you continue to refuse to sign the documentation which Seller has provided to you concerning release of the Earnest Money, you will become liable to Seller for damages well in excess of the Earnest Money, and Seller will file suit to seek to recover any such damages (in addition to its Earnest Money).
If you have comments or wish to discuss this matter, please call.
Cc: Jim Young
via email
Labels: austin, BRD Holdings, jim young
posted by Neville @ 8:15 AM
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