Fill and Sign the Breach of Contract Pleading Example Form

Instruction: This is a model letter. Adapt to fit your facts and circumstances. VIA FACSIMILE ORIGINAL BY U.S. MAIL Re: _____________________ Dear       : I have discussed with my client your letter of             , 20       . It remains our position that your client breached the agreement and is not entitled to the refund of his $       . Based on your client's assertion that he did not intend to perform under the contract, my client has considered selling the property to other individuals as a mitigation of damages. However, no such sale has taken place. If _____________________ desires to continue to perform under the contract, my client is agreeable to allowing him to bring current all past due payments and allow him to continue to perform under the contract as if no breach had occurred. However, if _____________________ is not willing to do so, we will continue to maintain our position that _____________________ has breached the contract. Contrary to the assertions in your letter, we do not believe there are any serious problems with the contract or the actions taken by _____________________ . While we believe that litigation is rarely beneficial to either party, we are prepared to defend any litigation which you might bring. Hopefully, you will inform your client that it is far from certain that he would win any litigation and, in fact, may end up spending much more than the $ _____________________ down payment made to my client. Again, I reiterate that your client is welcome to cure any arrearage and continue under the contract, or we can retain the $       and release _____________________ from his obligations under the contract. In any event, we have no intention of refunding the $       down payment as you requested. Should you desire to discuss this matter, please do not hesitate to call. Sincerely, By:       :       cc: