Posted on 01/02/2006 12:05:49 AM PST by 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 do, and for everyone who said "check with the Univ." thanks much.
A quick search and It seems that KSU has a Student legal affairs office that give free assistance...and also, there's a Consumer/Tenant Affairs Office that helps students with unscrupulous landlords...Fantastic!
Nothing will be open Today, So I'll check with them Tuesday.
Not in the leftist cities you shouldn't
I thought you stated that you never signed the contract
If so .. then the real estate dude has a problem proving his case
And even so .. I would think the contract would be with the apartment owner .. not the real estate broker
will do
Right, I never signed a contract. He said he would need to mail it out to me pending my credit check. I did fill out a credit reference sheet that asked addresses, employer, etc. But no contract was ever mailed to me.
That is a funny story. Is it real?
A credit report is not the same as a contract/lease to rent an apartment
Also .. in the future .. never trust anyone you don't know and NEVER EVER sign anything until you fully check it out first
Are you sure what you filled out was a credit check and NOT a lease? Something doesn't make sense here. I realtor or a landlord shouldn't be this stupid ... . No signed contract, no claim.
regarding the sermon on the mount. boy, i have no idea how you could misinterpret a great speech so badly. god doesnt expect you to just lay down and have your money stolen. wake up.
*snort* That was a good laugh for this late at night (or early in the morning depending on from which side you're seeing it)
Correct
I have no idea.
It has been on the i-net for years and used as e-mail. Probably not, but I laugh at it every time I read it.
Try to dress as much like a Jehovah's Witness as you can - short sleeved, button up dress shirt, khaki slacks, simple shoes, white socks, black horn rim glasses, and then put a huge, heavily-loaded book bag over both shoulders. Put one arm in a sling. Then put a few batman bandaids on your chin and knuckles - tell them it's from your recent bicycle wreck. When the judge is there, try to make a fuss over getting something out of your wallet, and when you open your wallet spill a picture of dear old Mom out on the floor (bed-ridden, no assistance at home). Tell the judge that you don't know anything about the law, but you learned all you needed from your trusty Boy Scout manual - then place a worn copy confidently on the desk. Say, "your honor, I'm just a simple student trying to make myself as competitive as possible in preparation for my ultimate release into the collieseum of the free market in this wonderful country, and this scoundrel here has acted dishonorably in a lawful transaction of ours. I use every spare penny to send home to Ma, bless her heart, and it's only for her that I now take up your time with this dispute - for, had money not been at issue I would most certainly challenge my opponent to the most dangerous game...mano e mano..." then cut a slow cold glance at the plaintiff.
Depends alot on contract law, real estate law, renter's rights, as interpretted in Kansas.
Record the timeline, provide copies to a lawyer (or even a law school student) of all written documents, and let him handle it (small claims indicates he isn't interpretting the credit app as being coupled to a verbal commitment for a year's rent, otherwise it probably would have crested the small claims cap.) Look at the worst case.
I suspect you have a limited amount of time in which you may countersue prior to reaching small claims court. If as you recall, it's probably worthwhile. At least if you prevail, it will add risk to the same guy and act to deter him from similar future practice.
You may want to run a web search in Kansas for do-it-yourself legal advice similar to NOLO Press in CA. Probably wouldn't hurt to take Business law or 2 semesters of Contract Law to understand the basics.
sorry, I've only recently began really reading the Bible.
I always had it, but a class last semester really piqued my interest.
I think the point is that there is no reason to fret over money. Here I am at 3am worrying over $375 bucks. I guess the point is is that I should try my best to defend myself i court, but in the end, if I lose it's only money.
It's a troubling passage:
40 If anyone wants to sue you and take away your tunic, let him have your cloak also. 41 And whoever compels you to go one mile, go with him two. 42 Give to him who asks you, and from him who wants to borrow from you do not turn away.
Jesus actually sets a pretty high standard of behavior...hehe. But I doubt he'd condone swindling students out of $375 either.
I can hardly stop laughing!!!
Geesh!
Show up at small claims court and explain the situation to the judge just as you did here. The judge will ask the plaintiff (him) if he has any evidence that a contract (of any kind) was executed. The guy will not have anything to show the judge except shrugged shoulders and a whine. Case closed, you win.
Unless the realtor is "connected" and the judge is corrupt.
it was definatelty a "credit check" and not a contract.
He said he would mail the contract pending the result of my credit report.
Well then, he's got allot to prove.
You have nothing to worry about.
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