To: Barbara Buyer Date: 4/17/12 From: Marvin Littleton, Esquire and Stephanie Giudici, Paralegal Student Re: Action on terminated property sale at 213 Vivian Street, King City, CA 93930 We are dealing with quite few ethical issues in your dealings with Sam Salesperson and Seller Unknown. For example, Mr. Salesperson did not draw up the contract regarding the earnest payment on two occasions when he promised to do so. He did not practice impartially as a dual agent and seemed to be biased towards the seller. It was very unethical not to disclose the deal in the works with the other buyer. The cause of action you have here is a Breach of Contract. Looking at the rest of the facts, all the other things that were done here are not separately actionable and fall under this cause of action. You did the appropriate thing in asking for the extension in regards to the earnest payment and Mr. Salesperson agreed to the terms and seemed to have relayed the information onto the seller. At the time you requested the extension, the seller and Mr. Salesperson could have terminated at that time and moved onto the other deal, but they did not; they accepted your deal and that was unethical and a breach that provides you with a cause of action. The Defendants breached the contract by first agreeing to the extension to the earnest payment, then not drawing up the contract and finally terminating all together and selling the property to another buyer at a higher price. A contract is described as, “A written contract is usually pleaded by setting it out in its entirety in the body of the complaint or by attaching a copy. The other method of pleading is by alleging the making of the contract, and then alleging the substance of its relevant terms” The