Letter of Complaint

[Ghost-written to head off necessity of legal action and forced devaluing of million-dollar home. Names and particulars omitted.]

 

Mr. Joe Smith
Ms. Jane Smith
123 Nowhere Street
San Francisco, Ca. 94123

RE: Development of 123 Nowhere Street

Dear Joe and Jane:

Thank you for the recent opportunity to inspect the “renovation” plans for your home, 123 Nowhere, San Francisco, California. I and my fiancé, Janet Green, appreciate your tactful advance effort to satisfy neighborhood compliance issues. However, please be advised that we view this planned development as a substantial threat to the quiet enjoyment of our home and the value of that immediately adjacent property, 125 Nowhere Street – a parcel and house purchased from you under what now seems only your pretense of good faith.

In summarizing our position in this matter, let me first reference the July 7, 2002, 125 Nowhere Street pre-purchase meeting, attended by you both, your selling agent, John Smith, me, Janet, her daughter, Sally Green, and my business associate, Mark Gray. Your plan, as you described on that and subsequent dates, was to purchase the immediately adjacent single-family property, 123 Nowhere, carry out a remodeling of the existing envelope and add an additional floor. It was after we purchased from you at a market-rate premium, and after we invested more than $200,000 in non-structural improvements, that your intent was fully disclosed.

Your newly divulged design is for a completely redeveloped modern structure with no resemblance to your existing home or nearby architecture in general. This increased scope of construction calls for a structure extending far to the east and west of our home, with a sun-blocking vertical span a full floor-and-a-half above our roofline. Had you disclosed your intent in advance, prior to our purchase of 125 Nowhere, we would never have considered the transaction – much less would we have invested more than $1,250,000 in total acquisition and improvements.

Below are itemized some, but by no means all, of our concerns.

1. Not disclosed prior or during the 125 Nowhere escrow period was your planned easterly horizontal expansion to the rear, which will block sunlight and extend beyond and over our backyard, the privacy of which was a primary motivator in our purchase. Not disclosed was your planned westerly horizontal extension to the front, which will block sunlight, essentially negate our property’s ‘curb appeal,’ and create a shadowy 'cave-like’ egress to our front door.

2. Not-disclosed was the configuration and height of your planned living room, which will block sunlight and provide clear views directly into our master bedroom from that and adjacent rooms.
3. Not disclosed was your planned repositioning of your garage from the south side to the north, which will create additional noise inside our home.
4. Not disclosed was your plan to build a much larger structure on the existing core foundation of the current home, which could easily create drainage problems, raise seismic concerns and perhaps even put us and our home at risk.
5. Not disclosed was a planned overall project much greater in scope, which will require a much longer period of construction with incurrent noise, debris and worker traffic impacting the quiet enjoyment of our home.
6. Not disclosed in your preliminary plans were the newly added terraces, which will totally strip our backyard and hot tub area of the slightest expectation of privacy.
7. In our conversations you stated that you are very energy-conscience, thereby explaining the purpose of the planned triangular structure on your roof – an array of solar panels. I suggested that you drop the panels flat to the roof to avoid blocking our sunlight. Soon after this exchange you disclosed that the structure is, in fact, intended to accommodate additional living space.
8. The preliminary plans for 123 Nowhere depict an east elevation clear story facing south, away from downtown and our home. In fact, the triangular structure will face north, downtown, and directly overlook our home
   
9. Documented in the 125 Nowhere “Seller's Real Estate Transfer Disclosure Statement,” signed by you on June 24, 2002, Item A. 16 reads: “Are there any conditions or planned improvements in the neighborhood that would obstruct views?”  You, the sellers, answered “No.”

You have explained that prior to purchasing 123 Nowhere, you were not aware of the need for extensive renovations. You are both, if I am not mistaken, experienced architects. You did, I am assuming, conduct a pre-purchase inspection. You were, as I understand it, very friendly with the prior owner. You had been, if I have it right, next-door residents for more than ten years.

It was our intent to purchase, improve and quietly enjoy what we considered a small, charming, European-like home in this pocket neighborhood of Nowhere Hill. Now, we discover that the sellers, from whom we purchased at a premium, intend to use that capital to construct a monster, modernistic structure immediately adjacent our home, thus devaluing our investment.

While it was our sincere intent to remain on cordial terms with all our neighbors, rest assured: we will undertake any legal action required to head off a development which would cast a shadow over our home and our life.

Very truly yours,

Ballbuster T. Millhouse
President
Ball-Bust Enterprises, LLC

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