Mouse Posted October 11, 2004 Report Share Posted October 11, 2004 The apartment that towed our vehicles wants us to sign a mutual release before they refund us the money and they deny all liability yet in a good faith "gesture" are willing to refund the money. The release also states that we will not proceed with any legal action for any cause in the future against them. Does anyone think that this is a good idea? I don't however my husband maintains that as we have to live here we should try and keep the peace but I'm not willing to sign away my legal rights. Any thoughts? Link to comment Share on other sites More sharing options...
anti-something Posted October 11, 2004 Report Share Posted October 11, 2004 i dont think its a good idea at all, not since you had other issues with them.i'm all for keeping the peace, but not at your expense, tell them it needs to be re-worded so that it either reads you will not proceed with legal action only upon this issue, or that you are mutually releasing each other from all future legal action for any cause. Link to comment Share on other sites More sharing options...
Mouse Posted October 11, 2004 Author Report Share Posted October 11, 2004 Yep that's what I thought. I phoned and asked them politely to reword it and to be specific with regard to this issue. Thanks Link to comment Share on other sites More sharing options...
calawyer Posted October 11, 2004 Report Share Posted October 11, 2004 If you are OK with a refund for the incident in question, you might decide to enter into a mutual release. In other words, both parties release all claims relating to the improper towing of my car on October 5, 2004. Be careful to make sure you understand all your damages (ie if they put sugar in the gas tank or scratched the paint job, you may be releasing these claims).It is quite another thing to release future claims, however. If one of their tow trucks mows down the wife and kids next week, should they really have a "get out of jail free" card? I think to ask for a release of unknown, future claims is overreaching. In fact, some states have legislation regarding the effect of a general release on unknown claims (see, for example, Cal. Civil Code section 1542). Good luck. Link to comment Share on other sites More sharing options...
Mouse Posted October 12, 2004 Author Report Share Posted October 12, 2004 Thanks Calawyer. Now the mutual release is specific about the date and which vehicles were towed and indicates that the releae is only specific to that incident. In a seperate letter though they stated that any future towing will be legal, whereupon I indicated to them that they should really look into the relevant towing laws which I have a copy on hand. I could be money grubbing and demand 4 times the amount which I would be entitled to if the case came into court,and they know I have photos and evidence backing up my case, but we're quite happy just to get the money back for the towing. We still have to live here for a few months and I really don't feel like fighting them on every single little issue. Link to comment Share on other sites More sharing options...
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