Contract Payment Plan Refund Agreement: Fill & Download for Free

Unless your contract allows you to miss payments, then it wouldn’t be unusual for you to lose the right to purchase the home, forfeit any money paid towards the purchase, and be eligible for eviction if you stopped making timely payments.If you are renting-to-own then you don’t actually own any share in the home, and as such it wouldn’t be repossessed exactly, though you’d lose it just the same. Rent-to-own is a misleading term that has many people think that it allows them to just live as regular tenants and have their rents serve as a sort of payment plan until they’ve paid what the home is worth, but that is completely false. What you’re really doing is signing two contracts, one where you rent the home as any other tenant would, for a specific number of years. The main difference here is that you’d nearly always be responsible for all repairs and maintenance, when that is nearly always the landlord’s responsibility with a typical lease. When you start your lease, you also enter into a different contract agreeing to buy the house outright from the owner when the lease ends, and you put down a percentage of the total price as a non-refundable down payment. You’d still be paying rent in the normal sense of money that you’re giving away in return for the right to live in the home during the current months, and on top of that you’d be paying an extra sum each month – usually on the same payment as the actual rent – that would be added to the down payment.The awful thing about lease purchase agreements – the real name for rent-to-own contracts – is that you lose everything you’ve paid towards the house if you fail to make your payments, be it the monthly ones or your payment of the remaining balance at the end date. The only reason to accept this arrangement as a purchaser is if you currently lack either the cash or the credit score to get a mortgage, and you are confident things will improve enough for you to get one (or alternatively save up the money to pay cash) by the end of the lease. That’s obviously a pretty big gamble, and the stakes are high. You might have paid 5 percent of the total value of the property upfront, hundreds of dollars in extra rent each month, and tens of thousands on repairs, and the best case scenario if you fail to meet the terms of the contracts is that you lose every penny of it and get evicted. As bad as that is, it could be worse. A true lease purchase agreement – as opposed to option – doesn’t give you a choice in buying; you must buy, or you can face serious financial penalties.So yes, what you’re describing is most likely legal, though you may be allowed some short grace period either under state laws or the terms of the contract. Being more than a few days late, however, could be all it takes to void the contract. It would of course be up to the seller/landlord whether she wanted to give you a break and let your late payment slide, but rent-to-own schemes are a goldmine for unscrupulous individuals. A property owner can sell the same place over and over again, keeping the down payment and offloading maintenance costs, if they take advantage of any cause the tenant gives them to terminate the contract.

The full answer to this question cannot be given based only on what you’ve said; it would require looking over the contract you signed. If there is no quid pro quo to the contract, then it is not enforceable. Your remedy would be to file a civil suit. — You would only want to do that (probably) if you were certain that you could litigate the case on your own and that your opponent (your ex-employer) would not hire an attorney. Considering the amount is $210, hopefully, both of those are satisfied.Now, with that said, let’s walk through it. → Your employer did not make you sign the presumed contract. Of course, if your employer held a gun to your head and forced you to sign, or coerced you in a similarly vicious way, then the contract is void. — Somehow, I doubt that is the case. Ergo, you signed the contract because, without signing it, you would not get your job, which you wanted.Quid pro quo is Latin; it roughly translates to “tit-for-tat” or “this-for-that” — e.g., “By giving you something, you promise to give me something.”The premise of this argument, in that style, might be: “In order for paying for certain expenses related to hiring you, you agree to stay with me for three months or more. I will pay you $X per period for your work; and, if you remain regularly employed with me for three months or more, then the initial expenses related to your hiring will be forgiven, and you will not be responsible for reimbursing me, or the company, at a later date, should you decide to leave the company. However, if you leave my employ during the initial three-month period, you agree to reimburse the company for the expenses related to your hiring, which amount to $210. The cost of you leaving my employ early, as set forth in this contract, is $210, which you agree to pay and you hereby authorize my staff or me, or anyone of us, to withhold those funds from your final paycheck.” → Then, you sign as yourself (the employee) and your employer signs, and that’s a legally binding contract. You aren’t going to be able to get out of it, likely, unless you have some sort of countersuit, but that’s not really getting out of the contract.I used to run a concrete plant and a trucking operation, and as part of my initial workup on these commercial drivers (i.e., CDL holders), I had to pull their driving record, which was not free. It was about $5. — That wasn’t the big deal.The pre-hire/post-offer drug test was the big financial headache: $75. If the applicant were to fail that test, then I would still have to pay. If the new hire left two days after he started, I would still have to pay.This $80 was sunk, as the lingo goes. — It was not my initial practice to do this, but eventually, I wrote up a little contract concerning it. Something like, “In order to give you the opportunity to work here, I am required by law to have you submit to a drug test, the cost of which being $75. This is the exact cost I am required to pay, and that requirement to pay remains whether you pass or fail the test. If you would like to be considered for employment at XYZ Corp., and to have XYZ Corp. commit to pay $75 on your behalf for consideration of your employment with XYZ Corp., then you hereby attest that you have not been doing any illicit drugs that will cause you to fail the test initially. If you do fail, then you will have the option to retake the test at your own expense or to file a complaint with the drug testing company. Given that you take neither of these steps and accept the failed drug test result, it will be the position of XYZ Corp. that you agree with the test result, and you will be charged $75.If you pass the test, then you will be required to work at least three months with XYZ Corp. If you quit, for any reason, or if your employment is terminated for cause, during this three-month probationary period, then you hereby authorize XYZ Corp. to deduct the cost of the initial drug test — the amount, $75 — from your final paycheck.”Both parties sign. → Okay, the important quid pro quo in this is not that the company is offering to employ you. It’s that the company is not requiring you to put up the $75 beforehand.I could’ve just said, “If you want to be considered for employment, then you must pay $75 upfront to cover the cost of the drug test.” — Thus, by offering to make the initial payment for them, with the opportunity that the cost would be forgiven at some point in the future, that is a material benefit to the other party (i.e., the applicant).—I get the opportunity to recover my money if the person fails or doesn’t stay three months, and the applicant gets, effectively, an interest-free loan that may be forgiven if he is not hired, or if he stays over three months.That is mutual benefit to both parties. This is an enforceable contract.If the “paper” you signed just says, “I authorize you to deduct $210 from my last paycheck if I quit during the first three months of my employment.” → well, that’s not a contract. It’s a statement.I can say, “I agree that if you get mad at me, you can kick me in the nuts.” But, that’s not an enforceable contract! Not just because it involves indemnifying you for a criminal offense, which I likely have no right to do.It’s because it’s not a contract.Look over the “paper” you signed and figure out if it’s an enforceable contract. If it’s not, then if that $210 (or any amount) was withheld from your last paycheck, you can file a civil suit in your local small claims court.Where I am, the cost to file the case and the cost to have the constable serve the defendant with notice he’s being sued is $110.As I intimated before, the risk you take is that the other party hires an attorney. That matters if you lose, because parties can ask the judge to award costs of court and attorneys’ fees.If you lose the case, then obviously, you’re out $110. — You can also lose $50 or $60 of that $110 if you have the constable (or process server) deliver the notice of suit to the wrong address. — Make sure you know where the business gets official mail, and send it there. The court is not going to second guess you, or help you. If you make a mistake, you will pay for it.If you lose, then the defendant/respondent may ask for reasonable compensation for having to come to court and make filings and all of that. — Unless your lawsuit is frivolous, you probably won’t have to pay these. But, you never know.And, if you’re self-litigating against an attorney, and you lose, then you’re liking going to owe $1,000s. — That’s why I say, over and over again, this strategy to recover a relatively small amount of money, even if you are right, is only worth the risk if the other party will not hire an attorney.It’s also true that the defendant can countersue you; and, if you lose your case, but he wins his countersuit, then you will be out some amount of money that I can’t predetermine here.It’s also possible that the judge may rule it as a take-nothing judgment, meaning neither of you get anything, and you will be out your $110, and the defendant will be out whatever he spent litigating the case.What you describe may be a legal and enforceable contract:Illegal contracts are unenforceable.You can’t sue your drug dealer because the primo coke you were promised was not what you expected it to be.“Illegal contract” really means contracts that have elements to them that are illegal (e.g., possession and delivery of illegal substances).Some agreements, which have nothing illegal about them, are not enforceable.A contract has a specific form. All parties to the contract must get something. Merely stating something does not establish the quid pro quo which is probably the most basic part of a contract. Without this element in the “contract,” it is not a contract. — It’s a proclamation; a memorandum of understanding. In short, unenforceable.All parties to a contract must sign the contract. — If what you signed only has one line, and that’s for your signature, then you did not enter into a contractual agreement.I’ll finish just by saying that, if you were to win your $210, and convince the judge to make your ex-employer reimburse you the $110+ in court costs and other expenses, then that employer is going to be in a big bind.How many other ex-employees had $210 taken from them? 10? 50? 200?If you win, then you can run ads in newspapers; post it on Facebook or Twitter; paint it on the side of your house. And, then, the company is not facing having to pay you $320… it’s facing paying many people a total in the thousands or tens of thousands.If the company, or its attorney(s), figures that there is good probability you will win, then you will be offered a settlement. And, if you’re out for yourself, then you probably can get a lot more than $210 by signing an NDA (non-disclosure agreement). → You know! Like Stormy Daniels.I’ve had to sue a friend before in my personal capacity. I’ve sued customers, on the other hand, on behalf of the corporation I worked for. — I’m not an attorney. I’ve also never lost.When I sue people, my goal is to get the person to sign a payment plan (aka to settle). Anything can happen in open court. — Stay out of it!You can send demand letters, but they are dismissed. — I usually file them away without really even reading them.However, when you get someone with a badge and weapon showing up at your home, or your place of business, and that person tells you you are sued and ordered to be in court on the XX/XX/XXXX, people listen!Suddenly, you’ve got their attention. They start calling you. Arrangements are made.Unless you are a trailblazing activist, the purpose of a civil suit is to get the compensation you are due. You may have to file with a court to get that compensation, but no one said you ever had to play Matlock.When you get your compensation through a settlement, then you petition the court to dismiss the case (without prejudice). — You can file a case on your own, but dismissal of a case is a court order. — You cannot do that yourself. Not unless you’re the judge.Normally, I just write a little motion to the court saying that the dispute was no more because I had been paid, and the defendant and I mutually agreed that no trial would be necessary.Unless you know the judge, don’t expect the judge just to believe you. This is serious business, so provide proof. — Send a copy of the payment arrangement. Send a copy of the check the defendant wrote you to settle the case.Type out a letter stating the mutually agreed-to intentions of both of you that the trial should be dismissed, and then, both of you sign it. — Have whoever signed the payment arrangement or the check (or both) sign the letter, so that the two can be compared.Prove to the judge that it’s in the defendant’s best interest that the case be dismissed. Don’t try to convince the defendant that having it dismissed without prejudice is in his best interests; if you understand what I just said, then you’ll know why I said it.Sometimes you have to make a motion to pass (or continue) a case. A motion for a continuance. — Usually, a trial date is set as soon as the court receives notice back from the constable or process server that the defendant has been served with the court papers. That is, unless there is some motion already there asking to delay the court date being set.However, you usually don’t know if you want that done until after the defendant has been served.So, let’s play it out.Let’s say David is the owner of the company you used to work for; it’s just a sole proprietorship. He has office staff, but really, David is the decisionmaker, and David is the one who wanted the $210 “agreement” to be part of the pre-hire/new-hire paperwork. — He’s the guy you need to okay a refund of the $210 they deducted from your last paycheck. But, you’ve tried and tried, and you can never get him.You’ve looked over the “agreement,” and you don’t believe it’s an enforceable “contract”. — It’s not written as a contract. However, it’s being treated as one, and you think that is wrong and that you will win at trial. Also, you don’t think he will hire an attorney (that’s just my extra piece of advice for this amount of money, and — in general — you can disregard it if you want).So, the state of affairs is that there is no communication between you and David. — In order to remedy this, you file a civil suit against David in your local small claims court. As soon as he gets served, he calls you. That is not uncommon! It’s what you want!—David immediately says to you: “I don’t agree with you. My ‘contract’ is enforceable, but I have better things to do than to waste half a day in court with you over such a small amount of money. — I can pay you $70 a month, over three months, and then you’ll be repaid. But, you need to drop the case.”You reply: “David, if you had called me before I filed the case, I would have accepted that offer. However, I’m now out $110 more in costs of court: filing the case and paying the constable to serve you. You now owe me $320.”David: “This is such BS.”You: “You can pay me $120 first, and then $100 each 30 days thereafter until the $320 is paid off, and then I will dismiss the case. Otherwise, and with respect, we will probably be in court in the next 30 days or so. If you lose there, then the judgment against you will show up on your credit reports, and there’s no telling what other financial damage it can do to you. Please, recognize I’m not threatening you. I’m just saying that I think the credit bureaus pick up these civil judgments and they show up on your credit reports. Or, they can.”David: “Okay, fine. I’ll do that. You can come pick up your $120 tomorrow.”—Now, think. — If you just take his word for it, then you will have to ask the court to dismiss the case, and what you have to prove the reasonability of that action is a check for $120; that’s not $320. Did you just settle with him for a lesser amount? If he refuses to pay in the future, do you want to have to refile the case, and have him served again, for a cost of $110 more out of your pocket?You haven’t protected yourself very well against that potentiality, and I’m not sure if a copy of that check proves to the judge that he should drop the case. Especially without prejudice, which is what you want. — He might want to have a preliminary hearing on the motion, which is the same thing as going to trial (qualitatively)!You need a payment plan which is also a contract.—“In exchange for agreeing to make a motion for a continuance to the court to delay the trial, and in acceptance of a partial payment, as a down payment on a full balance of $320, which is owed by David to me, David agrees to pay me a second payment of $100 in thirty days, and the final payment of $100 in 60 days, such that the total paid to me, by David, for this matter, equals at least $320. At that point, I will make a motion to the court to dismiss the case.”You and David both sign.You can’t promise David that the judge will do any of this. You are just codifying that you will make the motions. If, in fact, the court agrees to pass your case until the next docket, which may be in just 30 days, you’ll be back in the hot seat again, and you may have to present a copy of the $100 check, along with the payment plan again, to show that David is doing what he said, and what you said, and that neither of you are wasting the court’s time.One of my old corporate attorneys told me that some judges will agree to pass cases (i.e., continue them to a future docket), and some won’t. Usually, it depended on how big their caseload was.I’ve filed civil suits in small claims courts in August where I was like the 16th civil case they’d had that year. Needless to say, they were not busy at all. — The judge there often picked up the phone himself when you called into the office. He was very amenable to my motions. I just threw in something like, “Both parties agree, and I humbly plead, in the interest of justice, that the Court grant this motion. <blah blah blah> Respectfully Yours, Me”.There is something key, here, that I’ve browsed over and not highlighted. It’s the contractual payment plan.At first, the dispute would have been whether the “paper” you signed was a contract and, if so, if it was enforceable.Once you get that payment plan signed, which you do (ostensibly) in an effort to let your customer or the defendant pay out what he owes over a period of months, without having to go to trial, you convert the issue into whether your payment plan is a valid contract.Guess what? → The down payment establishes one part of the quid pro quo. You obtained something of value!In exchange, you offer to make a motion to the court, which is something of value to the defendant or customer, and it would be easy to argue that it is something of value to him. — How much would an attorney charge to draw up this document?So, there. Both parties have something of value given to them. The contract is valid.—So, now, regardless of whether the original “paper” concerning $210 is a valid contract, the payment plan is!Most people don’t even notice the nuances in the language of the “payment plan” that make it contractually enforceable. Probably, because it’s called a “payment plan” and not a “CONTRACT FOR THE PAYMENT OF CERTAIN DEBTS OWED”.I’d guess 95% of people would refuse to sign the latter version, and 95% of people would sign the payment plan. — Of course, what you call the thing has nothing to do with what the thing is, in and of itself.The title is more like branding. Be clear; don’t deceive; don’t coerce; but, use words that sound nonthreatening.Common words, if your opponent is a layman.The trick is that the way you form your common words makes a contractually enforceable agreement. And, the laymen words of the “paper” you signed may absolutely not.You just don’t know until you read over them, which is what I suggest you do. — Look at the paper you signed and see if it appears both, and your ex-employer, get something from it.

I had a property in Ajman, so my opinion may help you.CONTRACTFirst and foremost is the contract, see what do you have.A booking contract signed by their sales team with payment plan or a full fledge sales and purchase agreement.If you have an SPA, is it signed by both parties or only you or only developer, if signed by both parties, you then have a legal ground to begin with.What are the payment and construction milestones, is both parties honouring the same, say 12 payment milestone over three or four years.There are two types of milestones, % completion based and dates based and the type to know is important one for your legal grounds% based: based on % completion, if the works complete is progressing but slowed down for any reason and you are fully compliant on your agreed milestone payments and you have kept on paying but he has delayed the project beyond one year from the committed delivery date, you have chance of request of refundsIf you stopped and breached unilateral and did not pay (say) after 30% and he completed 60%, you are at breach and loose full amount.Date based payment plans: if the contract is date based payment plan, irrespective of him finishing 30% of building, the timeline in milestone payments has to be honoured by you, if you default, you loose. Eg. Works is 30% done but you are supposed to pay by a fixed dates 60% and you did not, you have breached the contractThat was on contract:Now if you complied, you then need to first action is send notice to withdraw from your SPA and give a genuine reason (mostly its delays).Second action is negotiations to get reduced refunds from developer.Third action is make AREA ( Ajman real estate authorities) complain where you will be required to be present on agreed date, they are like arbitrary and may offer a compromised solution. If you agreed, both parties need to honour the decisionFourth action is a reputed lawyer to fight your case (incase, you choose such).Lawyers in Ajman will cost you approximately 10% of your refund amount with minimum of AED 15,000.IMPORTANT NOTE:If developer has run away, you need to open police case immediately, if he is present, you have hopes ?I never gave PDC, if you gave and did not honour them, this could mean criminal breach too on your partI never gave PDC and I did settlement with developer to change from under construction to ready property but a smaller size and sold such later on.I invested 1.2 Million AED and sold for 1.1 million but still better than waiting 4 more years.I hope this information helps. Do give me your feedback