His Release Failed in Court and My Purchase Deadline Finally Held
Part 7 · 3 min read ·
On the morning of the September hearing, I fed the cultures before sunrise.
I counted, checked, and wrote. Those were three things I could finish before anyone asked me what kind of son-in-law I had been.
At court, Mara met us beside a bench.
"The developer signed the settlement," she said.
Marshlight gave up every claim to the property and sent a correction to its lender about the false release. Its marina loan had been canceled. It also abandoned its demand that Bernard repay $18,400 in survey and design costs.
Bernard agreed to return the $90,000 deposit at our closing. The settlement ended the claims involving Marshlight. Calder's lawyer would file its withdrawal after the purchase ruling.
"So he's gone?" Eliza asked.
"Once those papers are filed, yes. The hatchery won't have his contract hanging over it."
Bernard passed us without speaking.
This time, I took the stand.
Mara asked how I had exercised the option. I described the bank visit, the deposit, and the courier. The escrow officer confirmed the money had remained in the account. My lender's records showed I could fund the balance.
Bernard's lawyer asked why I hadn't told him in person.
"The lease called for written notice. I followed it."
"You expected to acquire property now worth much more than the stated price?"
"I expected him to honor the price we agreed on."
"Despite all his help?"
Mara stood.
The judge told the lawyer to ask about the agreement.
For four years, I had tried to find a polite answer to that question. In court, I didn't need one.
Eliza identified her access sheet again. The coordinator described how the release was made. Mara presented the saved draft, the email chain, and Bernard's approval.
When Bernard testified, his lawyer asked if he had believed we agreed to give up the option.
"That was my understanding."
Mara asked, "Who told you that?"
"We discussed moving the business someday."
"Did Mr. Thao tell you to copy his signature?"
"No."
"Did your daughter?"
"No."
"Did you approve this release for delivery to the developer's lender?"
His lawyer shifted a sheet on the table.
"I approved the page," Bernard said. "I thought we could work the rest out."
The judge asked him what rest meant.
Bernard had no answer that fit the paper.
Then he said, "I thought that notice was just talk. I didn't think he had the deposit."
"Did you ask the escrow company?"
"No."
Nella explained the loss calculation. Mara submitted the generator invoice, the inspection bill, and $28,140 in legal fees and filing costs, paid or owed through the hearing. Bernard's lawyer questioned several entries. The judge asked Mara to explain them, and she did.
I liked her more for opening the bills without acting insulted.
After the afternoon break, the judge gave the ruling.
My notice and deposit met the contract terms. The copied signatures did not create a valid release. Bernard had knowingly approved a false page, and his shutdown had caused a proved loss.
The court ordered him to complete the sale for $460,000 within the original closing period. The restrictions on interference would remain in place through closing.
The money judgment was $33,700: the checked business loss, generator, inspection, and reasonable enforcement costs.
I wrote the total in my notebook. My hand shook more than it had on the stand.
Outside, Bernard stopped Eliza.
"You helped him do this to me."
She stood beside the courthouse steps with her tool bag still in her car and work waiting across town.
"I told the truth about my own work."
"I suppose I'm nothing to you now."
She looked tired.
"You're my father. You don't get to make me lie to keep that."
She walked to the van. He didn't follow.
Over the next three weeks, the title office gathered payoff statements and prepared the deed. Marshlight filed its withdrawal. Bernard's lawyer confirmed that no appeal would delay the sale. We set closing for October ninth, well before my deadline.
I kept paying rent until the transfer date. Mara checked the final ledger so there would be no second fight over a small unpaid amount.
Eliza and I attended our second counseling session. I told her that hearing her answer him had helped. I also told her I still braced when her phone rang.
"I know," she said. "I want to keep showing you."
On closing morning, I checked the starter rack before leaving. Both short notes came easily. I held the third until I had to breathe.
Then Mara called.
"He's here," she said. "He wants Eliza in the room before he'll pick up the pen."