1. Writing Dispute and Response Letters
Presented by:
David Robinson, ESQ.,
Ruberto, Israel & Weiner
Kathy Powers-Middlecoop, Schurman Retail Group

2. 12
A dozens tips to follow
Tips for Writing and Responding to Dispute Letters

3. Purpose of Letter Writing
Convey message Obtain information Memorialize agreement Persuade Create impression
Convey Information
Obtain Information
Persuade
Create Particular Impression
Offer a Settlement
Memorialize Understanding or Agreement

4. Your Letter Creates A Record1
Your Letter Creates A Record
Anything you write is carved in stone.
Is it litigation ready?
Is it 3rd party clear?
You may not realize it – but the letter is carved in stone...
Think about how the letter sounds/looks if dispute goes to litigation.
Can someone uninvolved read your letter and understand the dispute?
Once it is in writing, you cannot take it back!

5. Cool Off, Critique & Consult2
Cool Off, Critique & Consult
Never in the heat of the moment
A letter, not an
Peer review
Consult with legal counsel
-You should always consult with legal if LL’s attorney has sent response.
Do not send a letter or in the heat of the moment.
If it is important, write a letter, not an .
Have someone else read your letter.
Consult with your manager, director or real estate representative before sending.
Consult with legal counsel.

6. 3 Prepare Before You Write Organize then draft
Gather and confirm all facts
Determine supporting facts and documents
Organize then draft.
Gather and confirm all facts.
Know the issues.
Determine the Landlord’s likely response and address it ahead of time.

7. 3 Prepare Before You Write Know the issues
Determine the Landlord’s likely response
Define message
What is your overall message?
How will you factually support that message to persuade the other party?
Which documents (lease provision, letters, s etc.) support/hurt your message?

8. 4 Think about Tone Who? What? How? Avoid CAPS Don’t be inflammatory
What: What do you want to say?
How: How do you want to say it?
Who: Write the letter as if it will be used in court.
Avoid ALL CAPS and other font styles (bold, italics) – except where necessary.
Don’t be inflammatory.

9. 5 Just the Facts Quote the Lease by Section Don’t paraphrase
Quote only what you need
4 corners of the Lease
Quote the Lease, by Lease Section
Quote the Lease exactly; Don’t paraphrase key provisions.
Leave out the fluff. Quote only what you need to make your point.
Work from the 4 corners of the Lease.

10. Persuasive and Professional6
Persuasive and Professional
Stay on point
Provide supporting details
Take a clear stand
Do not stretch the truth
This is business, not personal
Give details-where did you get your information. Landlord support, tax assessors website, store manager, etc
Supporting information-calculation worksheets, calculations within the body of the letter, invoice copies, tax maps, etc.
Feelings-do not be over emotional, even when the Landlord has been insulting or offensive. Be professional
Be accurate and specific-Stay on point.
Give details.
Attach supporting documents.
Citations.
Take a clear, concise stand - avoid “grey areas”.
Do not stretch the truth.
Write with logic, not emotion.

11. 7 Watch Your Word Choice Personalize the letter to a person
(“Mr Smith” not “Landlord”)
Use names for parties
(“Home Depot” not “Tenant”)
Do not use subjective wording
(“It is” not “I think it is” or “I believe it to be”)
Be professional-don’t attack on a personal level, use professional language.
Personalize by directing letter to a person. Avoid “Dear Landlord:”.
Use names for parties (Home Depot not “Tenant”).
Be professional.
Do not use subjective wording.
Avoid “I think” or “I believe”

12. 8 Don’t Pick a Fight You want resolution Avoid redundancy
Do not make idle threats
Settling the issue and preserving your relationship with the LL and your internal partners is more important that being “right”.
Do not pick a fight. You want resolution not war.
Avoid redundancy.
Do not make idle threats.

13. Check and Revise clear, concise and correct9
Check and Revise clear, concise and correct
CCC
Read through letter at least 2x to look for clarity, grammar, spelling
Check addresses, method of delivery.
Check spelling and grammar.
Revise to ensure letter is clear, concise and correct (the 3 C’s).

14. 10 Send According to the Lease notice requirements
Send copies to the proper people
Send letter according to the Lease notice requirements.
Send copies to the proper people.

15. 11
File and Follow Up
Keep a dispute file with supporting documents and notes
Set up reminders for follow ups
Be prepared for next steps if deadlines are not met
Keep a dispute file with supporting documents and notes.
Set up reminders for follow ups.
Be prepared for next steps if deadlines are not met.

16. 12 Responding Only to points that matter or resolve the dispute
Organize your reply in the same order as demand
Face to face meeting
Points that matter-don’t respond to comments that don’t make a difference in the dispute “your store manager parks in the wrong place in the parking lot” ,etc
Respond only to the points that relate to resolution of the issues.
Organize your reply in the same order as the Landlord’s response.
Sometimes a face to face meeting or conference call is the best way to resolve.

17. Letter Writing Discussion

18. Shier Management Group 3201 Old Glenview Road Wilmette, IL  RE: Audit of Charges    Dear Landlord:   Common Area Maintenance (CAM): Expenses incurred prior to Big’s Rent Commencement Date- A review of the details supporting the 2013 billings revealed that Landlord included the snow removal invoices dated prior to the Lease commencement date of 2/23/ I feel that the Tenant is not responsible to reimburse Landlord for expenses incurred prior to the commencement date of its Lease at the Center.   Snow Removal Invoice Error- A snow removal invoice was grossly overstated by the vendor and the cost included in the snow removal charges billed to Big. The invoice charged a single application of salt to the sidewalks at a total of $4,120. Other invoices for 2013 bill an application of salt to the sidewalks at $120. Please review the attached exclusion worksheet for complete details of the adjustment.
Example 1

19. Example 1 Corrections: (1)VIA Email (bmitchell@shiergrp
Example 1 Corrections: (1)VIA and US Overnight Delivery (2) September 21, 2017  (3) Ms. Brandy Mitchell Shier Management Group 3201 Old Glenview Road Wilmette, IL  RE: Audit of Charges for Big Store location #106, Timber Crossing, Geneva, IL
(4) Dear Ms. Mitchell:  (5) Big Store, L.P. (“Big’s”) notified Landlord on February 15, 2014 of its intent to conduct an audit of the leasehold charges related to the above referenced Big Store location.  (6) All lease related references correspond to the Big lease (the “Lease”), dated February 21, 2010 between Timber Crossing, L.L.C., (“Landlord”) and Big for the leased premises in Timber Crossing, Geneva, IL (the “Center”).   (7) In addition to this letter explaining the audit findings, I have attached a worksheet reflecting adjustments required to bring the billings into compliance with the Big Store lease agreement.   (8) Invoice detail and annual reconciliations provided by Landlord are the basis for the review.  
Example 1
Corrected

20. 1 Example Continue Corrected
 Common Area Maintenance (CAM): (12) 1. Expenses incurred prior to Big’s Rent Commencement Date- A review of the details supporting the 2012 billings revealed that Landlord included the snow removal invoices dated prior to the Lease commencement date of 2/23/2012. (9) Pursuant to Section 10.3 of the Lease, Big is not responsible to reimburse Landlord for expenses incurred prior to the rent commencement date of its Lease at the Center. (10) Please see the attached exclusion worksheet for a listing of the charges removed in the revised CAM calculation.   2. Snow Removal Invoice Error- (11) A snow removal invoice dated December 9, 2012 totaling $4,520 was grossly overstated by the vendor and the cost included in the snow removal charges billed to Big. The invoice charged a single application of salt to the sidewalks at a total of $4,120. (13) A copy of the invoice is attached for your reference. Other invoices for 2012 bill an application of salt to the sidewalks at $120. Please review the attached 2012 CAM exclusion worksheet for complete details of the adjustment.
(14) Please contact me by Friday, April 1, 2015 to discuss whether Landlord will accept these revised CAM charges.
Example 1
Continue
Corrected

21. Forever 18 ½ is in Hayrack Crossing, a strip center with 4 outparcels
Forever 18 ½ is in Hayrack Crossing, a strip center with 4 outparcels. Lease began in 2008, 10 yr initial term. After review of the 2013/2014 CAM reconciliations, you discover landlord has:
Charged you 21% instead of 18.5% because it did not include one of the outparcels;
Charged two invoices for work in tenant spaces totaling $32,000 in 2013;
Charged $126,000 for roof repairs in 2014.
Charged $5,000 for Fire Sprinkler repairs and monitoring.
Section 1.2.D states denominator is all Floor Area in the Center. Section 6 states that roof repairs are the responsibility of the Landlord. CAM Section 15 excludes Roof repairs, and charges specific to an individual tenant or group of tenants. The Lease does not mention fire sprinkler repairs and maintenance.
Exercise 1

22. SUMMARY It is written in stone Cool off Preparation Tone
Focus on facts
Be persuasive and professional
Word choice matters
Resolve conflict, don’t create it
Check and review
Send
File and Follow up
Respond
Consult with internal partners, legal if needed. Remember to have a third party review letter to make sure it is understandable and complete.
Plan, Organize, Revise, Consult and Re-revise
Use Facts – Clearly and Correctly
Capture Specific Parts of Lease Clauses
Support Your Argument(s) to be Persuasive
Understand subject material; from your audience’s perspective too.
Do Not Make Idle Threats
Follow Up

23. Thank U

24. Questions & Discussion
Evaluation Cards
Writing Dispute and Response Letters
David Robinson, ESQ. Ruberto, Israel & Weiner
Kathy Powers-Middlecoop
Schurman Retail Group