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Updated over 4 years ago on . Most recent reply
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Getting out of PM contract
I have been with a PM in North Carolina for 4 years. He got me sued a few months ago by making a mistake that caused the tenant to get a lawyer and sue me. The PM informed me that I needed to get a lawyer to defend myself for the mistake he made. I lost in court and paid a bundle. Of course I started looking for a new PM. I found one that I like. I then informed my current PM that I would like to cancel at the soonest possible date. He told me that my current contract renews automatically on July 15th, which is less than 60 days from now, so notice today would be less than 60 days. He insists that my contact with him must renew on July 15, 2020 and continue to 7/15/2021. Here is the exact text in the contract:
Duration of Agreement. This Agreement shall be binding when it has been signed and dated below by Owner and Agent. It shall become effective on 7-15-16 (“Effective Date”) and shall be for an initial term of ONE YEAR. NOT LESS THAN 60 DAYS PRIOR TO THE CONCLUSION OF THE INITIAL TERM, EITHER PARTY MAY NOTIFY THE OTHER PARTY IN WRITING OF ITS DESIRE TO TERMINATE THIS AGREEMENT, IN WHICH CASE IT SHALL TERMINATE AT THE CONCLUSION OF THE INITIAL TERM. IF NOT SO TERMINATED, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE TERMS OF YEAR TO YEAR EACH UNLESS EITHER PARTY GIVES THE OTHER PARTY WRITTEN NOTICE OF ITS DESIRE TO TERMINATE THIS AGREEMENT AT LEAST 60 DAYS PRIOR TO THE CONCLUSION OF ANY SUCH RENEWAL TERM, IN WHICH CASE THIS AGREEMENT SHALL TERMINATE AT THE CONCLUSION OF SUCH TERM
It sounds legit to me. It goes on to mention the penalties if I break the contract. So my question to the BP community is, do you see any way out? Do you have a recommendation for a good lawyer that can help me out?
I've already been put through the wringer by this guy and I really want to move to a new PM.
Thanks for any suggestions.