Legal action because of YELP review

[Collin Stoutamire]

I left a review for a previous property management company I used and provided an example of my experience while using them. Two days later I received a letter from their attorney. I do not have a signed contract that I would abide by a disparaging remark comment but my previous tenants have a signed contract. 

What are your thoughts about this. Thanks in advance.

Dear Sir or Madam:

This firm has been retained by XXXXXX with respect to the above-referenced matter. In working with XXXXXXX Properties and pursuant to the signed Agreement, you agreed not to make “disparaging remarks/statements or publications regarding the other to any third party, internet, or other site.” In return, XXXXXXXXX has agreed to do the same whereas they also will not make or publicize disparaging remarks on your behalf.

It has come to our attention that you have violated this Agreement and made disparaging remarks about XXXXXXX Properties by posting a one-sided online review.

Consider this letter as an immediate demand you remove these negative comments.

The above-described conduct is in clear breach of non-disparagement provision of the Agreement. Accordingly, the purpose of this letter is to demand that you immediately cease and desist any and all conduct and/or communications that are (or can be perceived as) disparaging of XXXXXX Properties or any of its employees, managers, owners, agents, or representatives. Should you refuse or fail to immediately comply with this demand, my client may seek available legal remedies, including without limitation, the recovery of all monetary damages, injunctive relief, costs, and attorneys’ fees.

Furthermore, be advised that the terms of the Agreement provide liquidated damages of $200.00 per day “for each remark/statement/representation that is disparaging or is not removed within two days of request to remove said remark/statement/representation.”

Should you feel that XXXXXXX Properties has mistreated or mishandled its dealings with you as a client, tenant, or customer, you should contact legal counsel or consider discussing this matter with the Texas Real Estate Commission.

Thank you for your time and consideration with respect to this most serious matter.