William L. Richter - Page 6




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          completion of the initial term’s 12th month in exchange for                 
          allowing HEH to place its equipment on petitioner’s property and            
          for petitioner’s providing HEH with the names of seven referrals,           
          writing a letter regarding his experience with the heating                  
          system, and paying all of the required payments on time.                    
               Although some of the above-described documents do not appear           
          to have been fully executed, both petitioner and HEH executed the           
          purchase agreement.  Pursuant to that agreement, the heating                
          system was installed in petitioner’s home and became operational            
          on December 7, 1995.  Although there were several instances                 
          during the initial term of the purchase agreement when the system           
          did not work correctly, HEH arranged for the necessary repairs at           
          no additional cost to petitioner.                                           
               As of the date of trial, petitioner had made the payments              
          required under the purchase agreement for the initial term.  At             
          trial, petitioner testified that he is satisfied with his heating           
          system, which allegedly has a useful life of 15 to 20 years, and            
          that he intends to renew his purchase agreement for a second                
          term.                                                                       
          Petitioner’s Relationship With HEH                                          
               HEH purports to have been created pursuant to a Contract and           
          Declaration of Creation of Unincorporated Business Organization             
          (the declaration).  The declaration confers upon HEH’s trustees             








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