Free Statement - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
E
CASE NO. CIV 03 2353-PHX-DGC
CENTURY 21 REAL ESTATE CORPORATION,
DARYUSH B. MOTLAGH AND JANE DOE MOTLAGH, HUSBAND AND WIFE;
INTEGRITY ASSURANCE,
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EXHIBIT TO CENTURY 21 REAL ESTATE CORPORATION’S: (1) RENEWED A
MOTION FOR SUMMARY JUDGMENT ON ITS BREACH OF CONTRACT A
AND UNJUST ENRICHMENT CLAIMS; AND (2) MOTION FOR SUMMARY .
JUDGMENT ON COUNTERCLAIMS j
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Case 2:O3—cv-02353-DGC Document 78-23 Filed O7/O7/2006 Page 1 of 3 5

Real Estate Corporation
6 Sylvan Way ” §
Parsippany, New Jersey 07054
Business (973) 400-0700 ‘
Fax (973) 496-5657 _
Apa124, 2001 _ _
PERSONAL & CONFIDENTIAL
Mr. Daryush B. Motlagh
CENTURYZL ssurance Realt .
14175 W. Indian School Road _ -
oowsasisa his
LEGAL NOTICE OF RMINATE AND OPPORTUNITY TO CURE
_ FRANCHISE AGREEM #221078-0001 AND BETWEEN CENTURY 21 REAL ESTATE
_ CORPORATION @ERE O AS “CENTURY21 "A AND ASSURANCE REALTY
LEEREJN REFERRED TO AS "YOU" OR “FR.4NCHISEE"g, COMMENCJNG DECEMBER 1, 5
1997 AND EXPIRING NOVEMBER 30, 200 7. _
Dear Mr. Motlugh;
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You have been advised by the Financial Services Department of Century 21 on numerous
p occasions that you are significantly delinquent in the payment of your accounts.
Upon a thorough investigation of this matter, we have determined that you are in material
breach of the above—referenced Agreement and are therefore subject to termination. Our
records reflect your balances, including the most recent invoice, as follows: p -
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Unbilled Closed/Unpaid Transactions: $ 6,599.91 l _
Audit Findings Billed to Date; $10,935.04
_ National Advertising Fund Contributions Billed to Date: $ 7,417.06 -
Minimum Royalty Fees Billed to Date: $11,500.00
Promissory Note: S 4,850.40
Finance Charges: $ 3,697.45 e
On Account Payments: $ 1 l7l.50 , p
TOTAL $43,828.36
Additionally, you are currently in default of Paragraph 8A(i) of the Agreement in that we _
believe you have failed to consistently report and pay on closed transactions since August of
2000. i Q
The Franchise Agreement clearly sets forth your obligations relating to the prompt and n
consistent payment of your accounts: -
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Case 2:03-cv-02353-DGC Dgggrpgipgjngigp Filed O7/O7/2006 Qgéeog si 3

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Subparagraph l7.B. Termination. Franchisee may be terminated at the option of A
( CENTURY 21, if Franchisee breaches any of Franchisee’s representations or warranties or
fails to perform any of Franchisee's obligations under this Agreement or under any other
. _ agreement Franchisee may have with CENTURY 21 (such as, by way of example but not
( by way of limitation, other CENTURY 21 franchise agreements), including, but not limited
to, obligations to pay service fees, National Advertising Fund contributions, Broker Council
- assessments, interest and late charges, audit fees and other properly chargeable amounts, (
. responsibilities to comply with the P&P Manual, including trade name and logo guidelines;
obligations to comply with office size and decor requirements; obligations to comply with
· the resolution of disputes requirements and obligations to comply with minimum _
performance standards as set forth in Paragraphs llC(xi) and 17F of this Agreement.
Please direct full payment of your pmt due account balances as well as report and pay on any A
transactions which have closed no later than May 8, 2001 and any questions specitic to the -
payment of your accounts to Jean Wenz at (973) 496-5745. Failure to do so may result in the (
immediate termination of your franchise. ~ ( (
We trust that you-recognize the seriousness of this matter and will respond promptly. If (
payment arrangements are not made by this date, Century 2l will pursue its rights in court,
. seeking every remedy available under the Agreement and under the law to recover these lost
‘ . revenues. A '
Sincerely,
Vice President r i
Franchise Administration _
cc. Kim Link U
Matthew Burns ( (
Jean Wenz - _ c ·
Rachel Gelok
Kim Mende , a
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·.`_ C21-00246
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