Breach of Contract Cease and Desist Letter

What Is a Breach of Contract Cease and Desist Letter?

When dealing with a broken contract, a breach of contract letter is the first step to resolving the matter. It’s used before a potential lawsuit in a break of contract. This letter will outline the breach and provide a resolution and date.

The cease and desist letter template should cover a material breach of agreement or action that destroys the contract. A material breach is a serious violation of a contract and harms at least one of the parties. When a material breach occurs, the non-breaching party may not have to continue to follow the agreement.

This letter should not be written in a demanding or accusing tone. It should be formal and businesslike. Think of whattone you would want to be presented in court if this letter precedes a lawsuit. Having a formal matter-of-fact tone will also preserve any business relationship that you have with the other party.

A breach of contract letter can offer many different solutions to the breach. Common choices include:

• A detailed outline of exactly how to fix the problem
• A call to talk it over
• Mediation to work toward a resolution

The resolution you want will depend on the agreement and the relationship you have with the other party.

Common Examples of a Breach

A breach can take many forms. These are some common examples:

• A customer does not pay an invoice by the agreed date.
• A seller delivers goods late, or delivers the wrong goods.
• A contractor leaves the work unfinished or does it differently from the agreement.
• A business partner shares confidential information with an outsider.

When to Use the Letter

A breach of contract letter is used when you want to take action in a breach of contract. A letter is the first step in filing a lawsuit. A letter should also be used when the breach is material and there is proof that the contract has been broken.

Since the letter will also list at least one way to resolve the issue, you should also be prepared to meet with the other party. When you send this letter you should be prepared for any result, from mediation to court.

Signs a Letter Can Help

• The other party missed an agreed date and has not explained why.
• You raised the dispute in a friendly way and nothing changed.
• You have the contract and your proof in hand, and you want a written notice on record.

What to Include in a Breach of Contract Letter

A breach of contract letter template will ensure that you include the necessary aspects of the letter. As the letter may be used in a court, you want to include everything.

1. Name and address of sender. You will need to include your name and address so the other party knows who’s contacting them and how to reach back.
2. Date of notice. Include the date as this will be important in any future legal proceedings.
3. Description of the breach. The description should include the name of the agreement and the date it was signed. You must include what part of the contract was breached and how it affected you.
4. Offer to cure. The sample will have spaces to include a date for the receiving party to send a written confirmation. You will also need to include the cure or resolution to the breach.

Tips for Writing Each Part

• Stick to the facts. Write what happened in order, with dates, amounts and names. For example, write “The invoice dated June 1 was not paid” instead of “You never pay on time.”
• Point to the contract. Name the agreement and the section that was broken, so the other party can find it quickly.
• Ask for one clear fix. Say whether you want the work finished, the goods delivered, a payment made or the property returned.
• Give a reply date. Pick a clear date for the written reply and write it in the letter.
• Keep the tone steady. Calm, plain wording is easier to read and leaves room for a deal.

Common Mistakes to Avoid

• Leaving out the name of the contract, the date it was signed or the part that was broken.
• Using angry wording instead of plain facts.
• Forgetting to keep a signed copy and the proof of delivery.
• Sending the letter before you check every name, date and address.

How to Send the Letter

Since a breach of contract letter is a process from the original contract, it is a legal process and you need to follow some procedures to ensure everything is correct. Having everything done correctly will help your case if it goes to court.

1. Get the original contract. When you suspect that a breach of an agreement has occurred, you will want to read the original contract. You want to be firm that the agreement was broken and what the repercussions are.
2. Gather evidence of a breach. Evidence of a breach should be sufficient to stand in court and prove a significant impact. A third party can also be used to prove a violation and its impact.
3. Consult with legal counsel. A lawyer who is familiar with the legal practice can help you detail how the contract was broken and what the impact was. You can also learn the best way to proceed with your legal options.
4. Proceed with action. When sending the cease and desist letter, you want to include all of the factual evidence and state the facts. You can ensure that the recipient received the letter with Certified Mail with Return Receipt so you have proof they received the letter. This can help in court.
5. Wait for a response. The receiving party will respond to your letter through a lawyer or communicate themselves. With a response, you can begin to work with the other party on the resolution.
6. Taking further action. From here, you and the receiving party will begin to work towards the resolution. Legal counsel can be used to find the best resolution for both parties and the initial contract. If the receiving party does not respond, legal counsel can help you proceed further.

Checklist Before You Send the Letter

• Read the contract again and mark each term that was broken.
• Put your proof in one folder, such as emails, invoices and photos.
• Check that the names, dates and addresses match the contract.
• Sign the letter and make a copy for your records.
• Choose a delivery method that gives you a receipt.

After You Send the Letter

Replies come in different ways. Some people answer by email, some call, and some reply through a lawyer. Read each reply with the contract in front of you, and note anything that matches the fix you asked for. If the other party offers a different solution, you can accept it, make a counter offer or ask for time to think.

Sample Breach of Contract Letter

To ensure that you have everything that you need in a cease and desist letter, a breach of contract sample can help you cover all aspects. A sample will have all of the information that you will need to include.

A template will have spaces for you to write in the relevant information. This information will establish all of the information that will be incorporated in future legal proceedings. You will want to have all of this ready in case it goes to court.

Use the sample to check that you have each part of the letter ready:

• Your name and address, and the date of the letter
• The name of the agreement and the date it was signed
• The part of the contract that was broken and how it affected you
• The fix you ask for and a date for the other party to confirm in writing

An Example of a Cease and Desist Letter

Dear John Doe,

The purpose of this letter is to inform you of a breach of the terms of the contract signed between you and me on the 18th of March 2021. According to the contract, you have violated the following particulars, including revealing confidential information and business plans.

For these reasons, we hold you responsible for proceeding in acts that have directly violated the terms of the agreement. We ask that you work to fix this violation and uphold the original contract. Further legal proceedings may be initiated if you fail to do so.

Sincerely,

John Rogers

Notes on the Sample

The sample is short on purpose. It names the contract and the date it was signed, points to the terms that were broken, asks for a fix and ends with a polite close. Your own letter can follow the same order and add more detail where your situation needs it.

Using the Sample

1. Copy the structure of the sample into your own document, or use the FormsPal template.
2. Replace the names, dates and contract details with your own.
3. Describe the breach in your own words, using facts only.
4. State the fix you want and the date you need a written reply.
5. Sign the letter, keep a copy and send it with proof of delivery.

Frequently Asked Questions

What do I put in the letter?

Name the contract, give the date it was signed, say which part was broken and explain how it affected you. Then say what you want the other party to do and add a date for their written reply.

How do I keep proof that the letter was delivered?

Send it by Certified Mail with Return Receipt and keep the receipt with your signed copy. If you also send it by email, save the sent message.

What do I do after the other party replies?

Keep a copy of every reply with your records. Read it against the resolution you asked for, then decide on your next step. A lawyer can help you weigh your options.

How do I create the letter with FormsPal?

Answer a few questions in the online template, then save, print and sign the finished letter. You can save your progress and finish on any device.

General information, not legal or tax advice.

Jennifer M. Settles

Author & Attorney

With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.