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Reply to "refund of entrance fee from assisted living"
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[quote=Anonymous]Not a PP here, but I would write them a letter and request in writing information such as how many available units are there, how many units have been empty for longer than your unit, how many people have requested to view your unit, how many people have been shown your unit, etc. If they refuse to answer you and/or give vague answers, then I might start wondering if as a PP noted they are deliberately not trying to fill your unit so as to avoid paying your refund. While they have a contract right to not refund you until the unit is filled, all contracts have an obligation for the parties to act in good faith. If you have a basis for believing the center is deliberately acting in bad faith to avoid paying you you can certainly talk to an attorney to see if you have any legal recourse (well, you can obviously talk to an attorney regardless). It could just be your unit isn't getting filled bc the market is bad or maybe it is a less desirable unit bc it has less sunlight, is noisy, etc in which case you are probably stuck waiting it out. If you want to consider an attorney, I would look for a solo practitioner/small firm that would give you a free consultation that specializes in breach of contract/bad faith claims.[/quote]
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