Vanity-Any legal freepers with advice?

1/1/06 | Will_Zurmacjt

[Lancey Howard]

Awesome story! Thanks for that! LMAO!

[Hugin]

I'm a former Realtor in CA. Unless laws are very difffent in CA it sounds like you have a good suit against him. Why was the check made out to him in the first place? Generally any checks collected by a Realtor for a rental should be to the landlord (or a title company in a purchase to go into escrow). For him to try to cash it without a contract is highly unethical and probably illegal. Call your state RE Board and file a complaint. You should be able to get information about whether he has other complaints, fines, suspensions of his license, etc. You may even be able to get that info on-line (you can here in CA). Good luck.

[Hugin]

Verbal contracts are generally not valid in real estate transactions. In CA they are specified as non-binding.

[Swordmaker]

Check out this website:

http://www.hcci-ks.org/TLL/THB/tntleses.htm

The three day right of recision usually only applies when the sale takes place away from the place of business or specific contracts named in statutes. You went to him.

However, merely inquiring about renting something does not establish a contract. Nor does filling out a credit App.

What did you write on the check? If you wrote "First Month's Rent" it would be bad for you as it would imply you had a rental agreement. If you wrote "Deposit" then it could be bad for him if he tried to convert a "deposit" into a "fee" payment for him... the deposit would belong to the landlord.

It would be good if you found someone else who had rented through this scumbag and DID sign a rental agreement... which would imply that he uses written contracts and not oral contracts.

[willyboyishere]

WOW!!! You are my hero---but I'm not sure I believe ALL of that story.

[Will_Zurmacht]

The check was to _____ Properties and I think this is his personal business. He said he had 10 different properties coming open soon. I don't know if he was doing this on his own, or if he had partners.

either way it's going to be a mess.
I just can't get over it..the way some folks go out of their way to try to shaft people.

Guess it's a good thing that I didn't do business school...hehe. I'd never survive in such a sleazy enterprise.

[Swordmaker]

"Verbal contracts are generally not valid in real estate transactions. In CA they are specified as non-binding."

California and Kansas rental agreements can be oral so long as they are for a term shorter than one year. It's not a good idea, but they are legal and enforceable. I just looked this up on the Internet.

[jimboster]

Is this one of those companies that advertise finding apartments for you. They drive you around and show you different apartments? Or is this guy the rental agent for an apartment complex?

[Ghost of Philip Marlowe]

The shirt/cloak guidance is not literal. The point was that it is better to let issues subside through peaceful, private negotiation rather than to make a spectacle of the religion, especially for worldly/materialistic reasons. It was also at a time when witnessing was critical to gain a foothold. Witnessing is still critical. And it is still important not to make a spectacle of the faith. However, if a "Christian" wants to sue you and your family for everything you have, unrightfully, should you just turn everything over to him/her? Hardly. You need to defend yourself, especially if you have done nothing wrong.

"You'll know them by their fruits." No, we can't judge and determine who is a true believer. But if this guy claims to be a believer and is filing a false claim, that hardly speaks well of what is in his heart.

As most of the others, I am no lawyer. He's probably hoping since you're a student that you'll be too afraid to fight this in court and will authorize him to cash the check. Personally, I wouldn't. I'd drag this bastard over glass (metaphorically speaking, of course).

It sounds like you signed no contract. If you made a verbal agreement to pay him an hourly fee in the event you cancel the deal to take the apartment, it will be your word against his if he didn't record the conversation. If you did make such a verbal agreement, then you are bound ethically. If you didn't, demand that he show proof of the contract. He won't be able to and the judge will find you innocent. Remember to repeat your defense that there was no verbal agreement and no contract, that payment to the realtor was dependent upon signing of the contract and taking the apartment. Everything before that is the risk he assumes as a service-provider. Most automechanics give free estimates. They assume a risk. If it takes 15 minutes to give the estimate, you may not have them do the work and they've lost $30 worth of time. It's a risk they take. The realtor took a similar risk. Too bad for him. If he were a smart businessman, he would have thanked you for the opportunity so that you would recommend him to others who wouldn't cancel.

It would be good if you could file a counter-claim for any lost time you can claim (you have to justify your claim). I'd also be sure to report him to the BBB and any real-estate agencies in the area.

Anyone who runs their business so recklessly sounds like a nutjob. I wouldn't make any threats. Just be calm, cool, and collected, and let the system work, because the system does work (for the most part).

[bannie]

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

Marry a smart woman.

[HuntsvilleTxVeteran]

A "practical joker" deserves applause for his wit according to its quality. Bastinado is about right.
For exceptional wit one might grant keelhauling.
But staking him out on an anthill should be reserved for the very wittiest.

ROBERT HEINLEIN

[Will_Zurmacht]

I've racked my brain on that one, I don't think I put anything in the memo bar, but if I did it would only have been "Deposit".

But the guy said he wouldn't deposit the check until I had passed the credit check and returned the signed contract.
I specifically remember asking about this because I was moving and wanted to be sure my money was squared away. My budget was tight with the move and the last thing i needed was a bounced check that weekend. He assured me that wasn't a problem, he wouldn't deposit it until I returned a signed contract...

[endthematrix]

Thank goodness for your "how to" story. I'm making my A-hole list...

[Mo1]

either way it's going to be a mess. I just can't get over it..the way some folks go out of their way to try to shaft people.

I can

I had a landlord that tried to screw me over once ... but I worked for a law firm at the time and after a letter from my lawyer the jerk backed off

A few months after this happened .. the guy and his brother were in the local paper ... seems they were in trouble and being sued by their sister for embezzling money from their parents estate

[Hetty_Fauxvert]

Also check with the County, in addition to your university. Our old landlord sued us in the county small claims court (for something equally stupid), and we found out that the County had a free class to teach people how to go through its small claims court. Very educational and helpful.

[Will_Zurmacht]

it was in the student paper and I called and He said he had several properties that would be open soon. He made it sound like it was his company, i.e. he was buying properties and renting them to college students. He had a company name, and he seemed like a decent fellow at first.

[Will_Zurmacht]

Thanks much. I'm still learning...hehe.

[Hetty_Fauxvert]

If anyone wants to sue you and take away your tunic, let him have your cloak also.

Just want to point out that this real estate guy probably preys on other students and people who don't have enough money or education to fight him. If you defeat him in court and show him that this sort of thing won't wash, perhaps he will learn a lesson and straighten out a bit (which might be good for his soul!). In addition, you will be protecting those other people who might not be able to protect themselves.

[jimboster]

Did you make out the check to his company?

[Turbopilot]

Record the timeline, provide copies to a lawyer (or even a law school student) of all written documents, and let him handle it

The law student part is very bad advice for both the client and the law student. As far as free/cheap legal help, one might look for a legal clinic in the area, as landlord/tenant disputes are a very common area of law disputes for those of limited financial means. A case like this would be short work for an experienced attorney or (as is frequently the case) a law professor who also practices. Either through your school or through a local legal clinic, you should be able to find an attorney who could quickly resolve a $375 problem at no cost to you.