Vanity-Any legal freepers with advice?

1/1/06 | Will_Zurmacjt

[Will_Zurmacht]

A quick question for legal minded fellow freepers.

It seems I'm being sued in small claims court. It stems from an incident 6 months ago, I was looking to move and spoke with a realtor. I never signed a contract. I did fill out a "credit application". He advised me that the apt wouldn't be available for at least a month.

The real estate guy told me he needed to "hold" a check for the first months rent. He advised he would not cash it until he received the contents of my credit check and a signed contract. He advised he would mail the contract out Monday (we met and did this on a Friday after 5:00) and I should read it and sign it and return it to him. Then, and only then, would the apartment be mine. But I'd have to wait a month.

Two hours after this conversation I called him and told him that I wasn't interested, A friend had actually found me another apartment that I could get into immediately.

When we spoke he became agitated and told me that was fine, but now he was just going to deposit my check now for "wasting an hour of his time". I told him not to, just tear it up, there was no contract, and he had originally promised not to deposit the check until I had passed a credit ap and returned a signed contract.

I called him back and he was even more hostile, basically unreasonable. I then told him that I was going to put a stop payment on the check and that he should not mail me a contract, I wasn't going to do business with him.

A week before Christmas I rec'd a summons to small claims court from this guy. He's suing me for the $375 check I put a stop payment on.

I'm just a grad student in Kansas, and have no idea about the law. Advice from friends has ran the gamut of "raise hell in court" to simply telling the judge what happened and if I have to pay consider it a lesson well learned.

Any legal experts have any wisdom on this matter?

[Will_Zurmacht]

Frustrated in Manhattan, KS

[ChadGore]

It sounds to me that they guy was driking your check already when you called.

Tell him you'll pay as long he goes to AA.

[GeronL]

Did you do a reference check or a BBB check?? How long had they been in business??

[Cindy]

NON-LEGAL PERSONAL OPINION:

Good luck in small claims court AND
why don't you contact the Real Estate
Board and Better Business Bureau and
tell them your story.

[Will_Zurmacht]

hehe

I figured that some how I'll end up gettin the shaft anyhow. This is one of the reasons I hate doing business with anyone.

I also figure that if I lose in court, I stage a campus protest. I figure $375 bucks is nothing compared to the bad publicity I could generate. Half of Manhattan is K-State student renters, so bad PR might be good payback.

But then I remember the Sermon on the Mount. If he sues me for my shirt, give him my cloak as well.
In the big picture, $375 is really nothing to lose sleep over. As we speak our troops have much more serious worries than dealing with some embittered land lord. If I lose in court, I should probably just pay it cheerfully and hope the money helps him.

[Will_Zurmacht]

no, I'm hopelessly naive in most business matters.
I tend to trust and believe people, it's a hard habit to break...hehe.

[LibWhacker]

Not a lawyer, so I can't give you any direct help, but check with the university to see if they offer for free legal advice for students. Where I went, they'd give you one free hour a year. I think they called it a legal counseling session, or something like that. I had to use it once. Wasn't expecting much, but they really did help me out.

[endthematrix]

The contract was a rental contract I presume. You had set up a verbal contract with him as a Realtor to find you a place. What was his fee? Seems he can't confiscate (or sue) an amount not negotiated as his fee for services rendered.

I'm not sure, but you can stop any sale within three days. The guy's just pissed cuz he had check in hand and a blown deal. Obviously, you stopped the check.

[the_Watchman]

First, I have NO legal training. After all, I'm an engineer. :)

However, from watching episodes of Judge Wapner[sp] I note that many times the "other" party has filed a counter suit. You may seek out advice on this. If the real estate guy has asked for compensation for his time, then you might be able to get compensated for your time, and the cost of the stop check order.

For good free advice when you can't afford anything else, you might attempt to reach Clark Howard on his radio show. He deals with problems like this all the time. He has a web site which might help you find the broadcast times for your area.

[RouxStir]

"If he sues me for my shirt, give him my cloak as well."

Takin' ya to the cleaners, eh?

[Mo1]

When we spoke he became agitated and told me that was fine, but now he was just going to deposit my check now for "wasting an hour of his time".

I'm not a lawyer

But I don't think real estate agents are paid by the hour

They are usually paid by commission .. from the person is is selling or renting property

Also ... again, I am not a lawyer .. but any money rec'd by him is to go into and escrow account .. not into his own pocket

I would also report the guy to the Real Estate Board

[Will_Zurmacht]

My aunt told me that you have three days to back out of a contract, but she's not a lawyer, she's a nurse. If that's true, I contacted him within 2 hours.

In any event, I just can't believe a guy stew on something so petty and would wait until a few days before Christmas to sue a broke college student. It ridiculious...but I think he's probably just one of those guys.

[endthematrix]

Yes check w/ the Univ on this. They will have help. Plenty of unscrupulous landlords prey on students. Ours never returned our security deposit...and (surprisingly) our appt was in one piece after our stay. The university did the legwork and I got a check months after graduation.

[dennisw]

Write out your talking points. Write out and analyze what you have in your favor. Then rehearse saying this in front of a mirror. You have to be well dressed and well spoken to prevail in the court of common sense. Which is what small claims court tries to be

[MarineBrat]

Small claims court is easier than it seems. The anxiety is the worst part. The most important thing is to line up all of your ducks in a row. Write down everything. Dates, times, etc. Everything. Save every scrap of paper you have regarding the event.

Then write out a clear and concise time-line of what happened. Do NOT be long winded or attempt to explain yourself on the details. Make it an executive overview... that's all. Judges do not like to have their time wasted ever, ever, ever!

When the time comes you can go to court and give the judge's assistant your executive overview, accompanied with all of your other documentation and receipts (copies... keep the originals and have them with you, but don't surrender them unless absolutely necessary, because you probably won't get back whatever you give them)

The judge will take a few minutes to read your summarization of what happened, and he'll read whatever the other person submits, and then allow each of you an opportunity to speak. If your case is clear cut you can simply restate what you said in the overview, which the judge has likely already read at the beginning of the procedure.

There are many web based resources for how to sue or defend yourself in a small claims lawsuit. If this is a county courthouse I would start at their web page.

Good luck!

[Nam Vet]

Contact his broker first. If you have no satisfaction within 24 hours, contact your state real estate agency. His tit will be in a wringer super fast. Remember the word "misrepresentation" and use it. Lemme know what happens.

Nam Vet

[Lokibob]

This might give you an idea:

 

     I was sitting at my desk when I remembered a phone call I'd
Forgotten to make. I found the number and dialed it. A man answered, saying "Hello."

       I politely said, "This is Chris. Could I please speak with Robyn
Carter?"

       Suddenly a manic voice yelled out in my ear "Get the right
f***ing number!"  and the phone was slammed down on me. I couldn't
believe that anyone could be so rude.


       When I tracked down Robyn's correct number to call her, I found
That I had accidentally transposed the last two digits.

       After hanging up with her, I decided to call the 'wrong' number
again.

       When the same guy answered the phone, I yelled "You're an
asshole!" and hung up. I wrote his number down with the word 'asshole'
next to it, and put it in my desk drawer. Every couple of weeks, when I
was paying bills or had a really bad day, I'd call him up and yell,
"You're an asshole!"  It always cheered me up.

       When Caller ID was introduced, I thought my therapeutic
'asshole' calling would have to stop. So, I called his number and said,
"Hi, this is John Smith from the telephone company. I'm calling to see
if you're familiar with our Caller ID Program?"   He yelled "NO!" and slammed down the phone. I quickly called him back and said, "That's because you're an asshole!" and hung up.

       One day I was at the store, getting ready to pull into a parking Spot. Some guy in a black BMW cut me off and pulled into the spot I had patiently waited for. I hit the horn and yelled that I'd been waiting for that spot, but the idiot ignored me. I noticed a "For Sale" sign in his back window, so I wrote down his number.

       A couple of days later, right after calling the first asshole (I
had his number on speed dial,) I thought that I'd better call the BMW
asshole, too.

       I said, "Is this the man with the black BMW for sale?"

       He said, "Yes, it is." I asked, "Can you tell me where I can see it?"

       He said, "Yes, I live at 34 Oaktree Blvd, in yellow rambler, and the car's parked right out in front."

       I asked, "What's your name?"

       He said, "My name is Don Hansen,"

       I asked, "When's a good time to catch you, Don?"

       He said, "I'm home every evening after five."

       I said, "Listen, Don, can I tell you something?"

       He said, "Yes?" I said, "Don, you're an asshole!"

       Then I hung up, and added his number to my speed dial, too.

       Now, when I had a problem, I had two assholes to call.

       Then I came up with an idea. I called asshole #1.

       He said, "Hello."

       I said, "You're an asshole!" (But I didn't hang up.)

       He asked, "Are you still there?"

       I said, "Yeah,"

       He screamed, "Stop calling me,"

       I said, "Make me,"

       He asked, "Who are you?"

       I said, "My name is Don Hansen."

       He said, "Yeah? Where do you live?" I said, "Asshole, I live at
34 Oaktree Blvd, in Fairfax, a yellow rambler, I have a black Beamer parked in front."

       He said, "I'm coming over right now, Don. And you had better start saying your prayers."

       I said, "Yeah, like I'm really scared, asshole," and hung up.

       Then I called Asshole #2.

       He said, "Hello?"

       I said, "Hello, asshole,"

       He yelled, "If I ever find out who you are..."

       I said, "You'll what?"

       He exclaimed, "I'll kick your ass,"

       I answered, "Well, asshole, here's your chance. I'm coming over Right now."

       Then I hung up and immediately called the police, saying that I
Lived at 34 Oaktree Blvd, in Fairfax, and that I was on my way over there to kill my gay lover!

       Then I called Channel 9 News about the gang war going down on
Oaktree Blvd. in Fairfax.?

       I quickly got into my car and headed over to Fairfax. I got
There just in time to watch two assholes beating the crap out of each other in front of six cop cars, an overhead news helicopter and surrounded by a news crew.

       NOW I feel much better. Anger management really does work.

[Bubbatuck]

I'm not a lawyer, but I would immediately countersue him Small Claims Court for any time you've spent dealing with this.

The guy's a scumbucket, he has no grounds, and should be punished. Find out what the maximum claim allowable in Small Claims is and sue him for it.

[nmh]

Make sure he shows the judge a signed contract. If he doesn't have that, he has nothing.

Why would you want to pay that? Heck, it's bad enough he wanted to take your shirt. Why reward him with your cloak too - doesn't make sense to me ... . Personally speaking, I don't reward liars and cheats. I prefer they have incentive NOT to be liars and cheats.

BTW, make sure he pays any court costs on your behalf too!