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Arrow Exterminators Inc. v. The Gates Condo. Homeowners Assoc.

Attorney-prepared letters that were clear and definite created a binding settlement agreement between a homeowners association and its exterminator service.

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Arrow Exterminators appeals from the trial court’s grant of The Gates Homeowners Association’s motion to enforce a settlement agreement and motion for partial summary judgment. Arrow argues that there was never a meeting of the minds as to the essential terms of the settlement and therefore no agreement was ever reached. We disagree and affirm. This case arose out of a contract between Arrow and The Gates Condominiums in which Arrow was to inspect The Gates’s property for termites, re-treat for termites if necessary, and make repairs or replacements to the premises to remedy any damage caused by termites. At some point, The Gates began experiencing significant termite damage and looked to Arrow for payment for the repairs. Arrow began sending payments of $25,000 a month to The Gates in March 1999. Arrow discontinued payments in August 2002.

The Gates then sued Arrow, alleging, among others, fraud, breach of contract, negligent inspection, negligent treatment and breach of a settlement agreement. The trial court granted partial summary judgment to The Gates on its breach of a settlement agreement claim and that is the only issue before us on appeal.

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