The counter

1266 Words
(Lena) The email came in while I was at my desk reviewing finish samples for Patricia Lawson's project. It was from Gerald Voss's office. The subject line said Calloway Property Matter, Settlement Proposal and I looked at it for a moment before I opened it. I had known something like this was coming. Cole had told me Brad would move eventually and that when he did it would tell us something about where his head was. I opened it and read it twice. Brad was offering me sixty percent of the current market value of the house in exchange for a full settlement. No court, no further legal proceedings, a clean split and both parties walk away. Gerald had written it in the careful language lawyers used when they were trying to make something sound more reasonable than it was. Words like fair resolution and mutual benefit and timely closure. I forwarded it to Cole without adding anything and then went back to my finish samples. He called me forty minutes later. "You've seen the offer," he said. "I sent it to you as soon as I read it." "Sixty percent," he said. "Based on current market value." "That's what it says." "Lena." There was something in his voice that was almost dry. "You paid sixty percent of the mortgage every month for six years. You also designed the house professionally and managed the entire build. Sixty percent of the current market value is not an offer that accounts for any of that." "I didn't think it was." "It's a number that sounds reasonable if you don't look too closely at it. Brad is counting on you wanting this over quickly enough to accept something that feels like more than half without doing the math on what more than half actually means in your specific situation." I leaned back in my chair. "So what does the math say?" "It says we can do better. Significantly better. Your financial contribution alone justifies a higher claim and when you add the professional labor, the design work, the contractor management, the invoices we have on record showing your standard rates, the picture becomes very clear. Brad is offering you the minimum he thinks you'll accept." "What do you think I should do?" "Turn it down." He said it without hesitation and without softening it and I liked that about him. He never wrapped things in extra words to make them easier to hear. He just said what was true and let you decide what to do with it. "Okay," I said. "Turn it down." "I'll send a formal response to Gerald's office today. We'll counter with a position that reflects your actual contribution to the property and we'll go from there." "What do you think Brad will do when we counter?" "He'll push back initially. That's standard. Gerald will tell him the counter is aggressive and Brad will feel like we're being unreasonable. Then Gerald will explain the documentation we have and Brad will start to understand that his position is weaker than he thought when he made this offer." I was quiet for a moment. Outside my office window Atlanta was going about its morning, cars and people and the ordinary movement of a city that didn't know or care what was happening in any particular life inside it. "He really thought I'd take it," I said. It wasn't really a question. "He thought sixty percent would feel like a win to you. He thought you'd want it over." "He's been thinking that since the beginning. That I'd want it over." "Most people do," Cole said. "Litigation is uncomfortable and expensive and most people reach a point where they'd rather take less than keep going. Brad has been betting on that from the start." "He doesn't know me very well." "No," Cole said. "He doesn't." There was a pause. Not an awkward one. Just the kind that came naturally in our conversations now, the small spaces between one thing and the next where neither of us rushed to fill it. "Cole." I hesitated for a second. "What's the number? What should I actually be asking for?" "I'm going to put the full counter proposal together today. I want to have the complete calculation in front of me before I give you a number because I want it to be exact and not approximate. I'll send it over this afternoon and we can talk through it." "Okay." "But I want you to understand something before you see it. The number is going to be higher than what Brad offered and higher than what you may have been thinking about asking for. When you see it don't second guess it. It's based on what the records show and what the law supports. It's not aggressive for the sake of being aggressive. It's accurate." I sat with that for a moment. "You're telling me not to get nervous when I see it." "I'm telling you to trust the documentation." "I do trust it," I said. "I put it together." Something shifted in his voice. Not quite a smile but close to it. "I know you did." We went over a few other details after that. He asked about the living situation and I told him it was the same, quiet and uncomfortable but manageable. Brad had barely spoken to me since the evening in the living room where I had told him everything went through the lawyers. He moved through the house like I wasn't there and I did the same. The girlfriend stayed in the back rooms mostly and we passed each other in the kitchen occasionally without speaking. It was not a good way to live but it was temporary and I knew it was temporary and that made it easier to move through. "Has the girlfriend said anything to you recently?" Cole asked. "No. We don't speak." "If she approaches you about the case or about anything related to the legal situation I need you to tell me immediately. Don't engage with her directly about any of it." "I won't." "Good." A pause. "I'll have the counter proposal to you this afternoon." "Thank you," I said. I ended the call and set the phone down and looked at the finish samples spread across my desk. Warm whites and natural woods and a textured linen for the main bedroom walls. Patricia had good taste and she trusted me with it and that trust was something I didn't take lightly. I thought about what Cole had said. Brad had been counting on me wanting it over. He had been counting on that since the day he walked through the door with his girlfriend, since the conversation in the living room, since the phone call where I said Cole's name and heard the fear come into his voice. Every move he had made had been based on the assumption that I would eventually get tired and give in. He had spent six years watching me keep the peace and somewhere along the way had confused that with weakness. The counter proposal came through later that afternoon. I read the number at the top of the document and sat very still for a moment. Then I read the calculation behind it and understood exactly how Cole had arrived at it and why every figure was there. I picked up my phone and called him. He picked up on the first ring. "You saw it," he said. "I saw it." "And?" "And I'm not second guessing it," I said. A brief pause. "Good."
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