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Dear Attorney,
Just recently, I was informed by the staff of a well known condominium developer that I overpaid their company and the monies will be refunded to me.
In view of these, the said staff emailed to me a form with a title "REQUEST FOR REFUND" for me and my wife to sign. What worries me is a clause which I feel only serves the interest of the company and weakens our rights if something went wrong.
The clause is also the last paragraph, which reads:
"Lastly, we hereby release, waive, remise and discharge (xx name of developer xx), its parent company, associate and affiliate companies as well as its officers, directors, agents, stockholders and employees from any and all actions, sums of money, damages, claims and demand whatsoever, which in law or equity we may have by reason of or in connection with our purchase of the above mentioned property and the refund of the above excess payments according to our instructions herein."
Sir, is it a common practice to include this waiver clause into this REQUEST FOR REFUND letter? Isn't the company setting up a condition for the approval of my request notwithstanding the fact that the monies belong to me and therefore I am entitled to it?
I am looking forward to your quick reply and your favorable advice is highly appreciated.
More power!
Warmest regards,
JPCambronero
Just recently, I was informed by the staff of a well known condominium developer that I overpaid their company and the monies will be refunded to me.
In view of these, the said staff emailed to me a form with a title "REQUEST FOR REFUND" for me and my wife to sign. What worries me is a clause which I feel only serves the interest of the company and weakens our rights if something went wrong.
The clause is also the last paragraph, which reads:
"Lastly, we hereby release, waive, remise and discharge (xx name of developer xx), its parent company, associate and affiliate companies as well as its officers, directors, agents, stockholders and employees from any and all actions, sums of money, damages, claims and demand whatsoever, which in law or equity we may have by reason of or in connection with our purchase of the above mentioned property and the refund of the above excess payments according to our instructions herein."
Sir, is it a common practice to include this waiver clause into this REQUEST FOR REFUND letter? Isn't the company setting up a condition for the approval of my request notwithstanding the fact that the monies belong to me and therefore I am entitled to it?
I am looking forward to your quick reply and your favorable advice is highly appreciated.
More power!
Warmest regards,
JPCambronero
Last edited by jpcambronero on Thu Jan 28, 2016 12:36 pm; edited 1 time in total (Reason for editing : To present a clearer picture on the title)
