Demand Letter
Secure your commission and resolve Texas CRE disputes. Expert-drafted demand letters addressing Tex. Bus. & Com. Code, CAM charges, and commission triggers.
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In the fast-paced Texas commercial real estate market, professional boundaries often blur between an LOI and a binding execution. Whether you are facing a commission dispute on a triple net lease or... Read more
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Customize your Demand Letter
13 fields · Takes about 2 minutes
[date]
[recipient_name]
Re: Formal Demand for Payment — [demand_amount]
I am writing to you on behalf of myself, [sender_name], to make a formal demand for payment of the sum of [demand_amount] that you owe to me. Despite my prior attempts to resolve this matter amicably, you have failed to satisfy your financial obligation. This letter constitutes my final demand for payment before I pursue legal action.
The following is a summary of the facts and circumstances giving rise to your obligation to pay the amount demanded: [demand_description] As a result of the foregoing, you are indebted to me in the amount of [demand_amount]. This amount represents the full sum owed, which may include principal, accrued interest, late fees, and any other charges or damages to which I am entitled under the applicable agreement, invoice, or law.
I hereby demand that you pay the full amount of [demand_amount] within the deadline specified below. Payment must be made in the form of certified check, cashier's check, money order, or wire transfer directed to the undersigned at the address set forth in this letter. Personal checks will not be accepted. Partial payment will not be deemed to satisfy your obligation, nor will it constitute a waiver of my right to demand the full amount owed. Any payment received will be applied first to accrued interest and fees, and then to the principal balance.
If I do not receive payment in full by the deadline specified above, I will pursue the following course of action without further notice to you:
Please be advised that interest on the unpaid balance continues to accrue at the maximum rate permitted by applicable law. Each day that passes without payment increases your total financial liability. Additionally, in the event that legal action becomes necessary, you will be responsible for all attorneys' fees, court costs, and other expenses incurred in the collection of this debt, to the fullest extent permitted by law.
While I am fully prepared to pursue legal remedies if necessary, I would prefer to resolve this matter without the time, expense, and burden of litigation. If you wish to discuss a payment arrangement or negotiate a resolution, you must contact me in writing within the deadline specified above. Any offer to settle must include payment of a substantial portion of the amount owed and a firm, enforceable timeline for payment of any remaining balance. I am under no obligation to accept any settlement offer, and my willingness to consider one should not be construed as a concession or waiver of any of my rights. This letter is written without prejudice to any and all rights and remedies available to me under applicable law, all of which are expressly reserved. Nothing herein shall be construed as a waiver of any legal right or remedy.
[factual background]
Sincerely, [sender_name]
Sender
Name: Sender
Date: ___________________
In the fast-paced Texas commercial real estate market, professional boundaries often blur between an LOI and a binding execution. Whether you are facing a commission dispute on a triple net lease or misrepresentation regarding tenant improvement allowances, a formal demand letter is your first line of defense. This tool is specifically designed to leverage the Texas Business and Commerce Code and the Statute of Frauds (Tex. Bus. & Com. Code § 26.01) to protect your brokerage fees and clarify liability before escalating to the DTPA or litigation.
Beyond the standard demand letter sections, this template adds fields specific to Commercial Real Estate Broker:
The core legal purpose of a demand letter is to formally notify the recipient of a claim and demand specific action or compensation, providing an opportunity to resolve a dispute without litigation. It serves as an assertion of a legal right and provides legal protection by documenting the claim and creating a record of the attempt to resolve the matter amicably.
Misrepresentation claims
Detailed disclaimers in contracts stating that all representations are believed to be accurate but should be independently verified by clients.
Commission disputes
Clear agency agreements and commission schedules included in contracts outlining the fees and when they are earned.
Lease liability issues
Including precise language in leases regarding responsibilities for maintenance, repairs, and liabilities to avoid disputes.
For this demand letter to be legally valid:
Common mistakes to avoid:
Real Estate Settlement Procedures Act (RESPA)
Governs real estate transactions including commercial ones, ensuring transparency in settlement services.
Enforced by Consumer Financial Protection Bureau (CFPB)
Truth in Lending Act (TILA)
Regulates the disclosure of credit terms to protect against unfair billing and credit card practices, applicable when financing is involved in commercial real estate.
Enforced by Consumer Financial Protection Bureau (CFPB)
Uniform Commercial Code (UCC)
While not a federal regulation, UCC is widely adopted state-level legislation that governs commercial transactions including real estate deals.
Enforced by Various state governments
Recommended coverage: Errors & Omissions Insurance · General Liability Insurance · Professional Liability Insurance
While not always mandatory for every claim, a demand letter is often a prerequisite for recovering attorney's fees under Texas Civil Practice and Remedies Code Chapter 38. It also serves as formal notice under the Texas Deceptive Trade Practices Act (DTPA) if misrepresentation is involved, providing a 60-day window for the recipient to settle before a suit is filed.
Our form allows you to specify the 'Legal Basis' for your demand. You should reference the specific lease clause governing Common Area Maintenance (CAM) or Tenant Improvement (TI) allowances. In Texas, clear documentation of these costs is essential to overcome ambiguities that could lead to lease liability disputes.
Under the Texas Real Estate License Act (TRELA) and Tex. Bus. & Com. Code § 26.01 (Statute of Frauds), an agreement to pay a commission for the sale or lease of real estate must generally be in writing and signed to be enforceable. This demand letter helps you assert your rights based on the written agency agreements and commission schedules you have on file.
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