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WSDI.investors.realty 2008.07.15 Follow.up.to.investors.realty.letter.to.Homeowners.dear.Wynnwood.resident.received.july.11. 2008 ULed

WSDI.investors.realty 2008.07.15 Follow.up.to.investors.realty.letter.to.Homeowners.dear.Wynnwood.resident.received.july.11. 2008 ULed

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investors.realty 2008.07.15 Follow.up.to.investors.realty.letter.to.Homeowners.dear.Wynnwood.resident.received.july.11. 2008
investors.realty 2008.07.15 Follow.up.to.investors.realty.letter.to.Homeowners.dear.Wynnwood.resident.received.july.11. 2008

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Published by: Investors Realty Comments on Oct 30, 2009
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10/29/2009

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Daniel Brownxxx S. Wynn Wood Cir.Camden-Wyoming, DE 19934-4451xxx-xxx-xxxxJuly 15, 2008Re: Prohibited Water Softener Brine Discharge into Residential Septic Systems, Dated June 17, 2008Prohibited Water Softener Brine Discharge into Residential Septic Tanks, Dated June 24, 2008Dear Wynnwood Residents, Dated June 16, 2008State Code Violations; Water Softener Brine Discharge, Septic Tank Risers, Dated July 1, 2008Follow Up to State Code Violations; Water Softener Brine Discharge, Septic Tank Risers, Dated July 12, 2008Dear Wynnwood Resident, Received July 11, 2008Investor's Realty1685 South State StreetDover, DE 19901302-736-0270Attention: Dave Gilgenast:Subject: Follow Up to Investor's Realty letter to Homeowners, Dear Wynnwood Resident, Received July 11, 2008Wynn Wood residents listed in Table 1, Dated July 11, 2008 of letter; Follow Up to State Code Violations; WaterSoftener Brine Discharge, Septic Tank Risers, Dated July 12, 2008, hereinafter will be referred to as Homeowners.Table 1, Dated July 11, 2008 of letter; Follow Up to State Code Violations; Water Softener Brine Discharge, SepticTank Risers, Dated July 12, 2008, hereinafter will be referred to as Homeowner Listing. Wynn WoodLLC/Investor's Realty Inc. hereinafter will be referred to as Developer. Reference made to Delaware Code, StateCode, the Code, or regulations will refer to The Regulations Governing The Design, Installation And Operation Of On-Site Wastewater Treatment And Disposal Systems (Regulations).While I have no authority to speak on behalf of the homeowners, I find it my responsibility to again speak for them.That during the purchasing of a home the prospected home buyer relies on the confidence of developer to ensure thatall Codes are adequately meet. As stated on your web site, “We only sell in the communities we own, so we arealways there after the sale.” and “remember we're here to serve you!”.I have received Investor's Realty Inc. letter, see Enclosure 1, Dear Wynn Wood Resident, received July 11, 2008written in reference to the installation of the dry wells for the affected homeowners on the homeowners list. Thereare some homeowners who have stated that the letter is written in a way which is intended to release Investor'sRealty from any responsibility to the septic tank servicing and possible damage that may have occurred from thebrine discharge and is the reason why Investor's Realty made no comment to the septic tank servicing in the letter.For this reason, and due to the notary public seal needed on the signature page most would refuse to return it.The letter was written with conventional language in which legal documents are written, and is misleading to thehomeowners, and I am sure that was your intent. If any homeowner has returned the letter where Investor's Realtystates they will install the dry well “without any acknowledgment of culpability, for your property” or “To initiatethis, we would ask that you counter sign this letter as your confirmation that you recognize and understandInvestors Realty, Inc. is so proceeding with the alteration of your system without any acknowledgment of culpabilityor liability to do so” that the letter was signed without the full knowledge of Investor's Realty Inc. legal intent andwould be invalid. I feel and I am sure it could be argued that the letter was indeed intended to deceive, mislead,delude, and beguile the homeowners into counter signing the letter in an effort to have you released from your legalresponsibilities from the violations committed, which we as homeowners can not do.
 
Dave GilgenastJuly 15, 2008Subject: Follow Up to Investor's Realty letter to Homeowners, Dear Wynnwood Resident, Received July 11, 2008page 2 of 2A homeowner was kind enough to point out the concern the homeowners have with the way the letter is written, andstated; “The homeowners are being asked to acknowledge that Investor's Realty has no responsibility or culpabilityin the initial installation (and subsequent remediation of the illegal installation). (I paraphrased page 2 of the letter).And in fact, Investor's Realty DOES have responsibility AND culpability. That is the issue that has people upset. Iwould not sign such a waiver of my rights unless and until I have my septic system inspected and certified byDNREC. As a point of law, a homeowner cannot absolve Investor's Realty for the initial and illegal installations.We do not individually have the right of subrogation for the State of Delaware (to waive the law). In the end, if itcame to a legal dispute, Investor's Realty, regardless of the homeowners waiver, would still be subject toenforcement of the laws and regulations of the State of Delaware.”With the homeowners receiving that letter I can now see that Investor's Realty Inc. and it's principals have not takenpride in the Wynn Wood Development and are not making a good faith gesture. That you do have culpableness inthe violations stated in my letters, that there is proven guiltiness concerning these violations, that there isblameworthiness on your part, and you are negligent and delinquent in correcting these violations in a timelymanner, and whoever the principal is, is accountable for the infractions that have occurred. Investor's Realty Inc.has strict liability for the violations regardless of culpability. The homeowners placed their trust and confidence inInvestor's Realty Inc. which had the fiduciary duty to do what was right on behalf of the homeowners.Investor's Realty as I see it and which I have stated before both verbally and in my letters holds full responsibilityfor the installation of the dry wells, the servicing of the septic tanks and the possible damage caused by the brinedischarging into them, and the septic watertight access manhole not extending above grade. That these issuesshould be corrected expeditiously.I await your written response to this letter concerning the installation of the dry wells for all of the homeownerslisted in the Homeowners Listing, the servicing of the septic tanks which includes the repairing of any possibledamage caused by the salt brine, and the installation of the access manholes extensions. I will forward yourresponse to the Homeowners Association and it will be presented to the HOA at our next meeting to inform theassociation as to the status of these violations/issues.I have every reason to believe that you will take prompt actions in resolving these serious matters and violations,and return any of the letters in question where it would appear your attempt was to deceive the homeowners intosigning and returning those letters and issue a corrected Homeowner letter that explains Investor's Realty Inc.position in a clear and concise matter with no hidden agenda.Sincerely, //s// Daniel BrownEnclosures: 1; 2 pages, Enclosure 1: Investor's Realty Inc. Letter Titled: Dear Wynn Wood Residentreceived July 11, 2008c.c. Susan Marsett, DNREC:
susan.marsett@state.de.us
 Virginia George, President Wynn Wood Homeowners Association:Enclosure 1: Investor's Realty Inc. Letter Titled: Dear Wynn Wood Resident, received July 11, 2008
 
 

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