Posted by jenn on October 11, 2009 at 15:59:41:
John,
I would buy any course you ever put out there. Keep my email on hand when you decide to produce one.
Thanks a million.
deposit given to hold-now atty req deposit return - Posted by jenn
Posted by jenn on October 10, 2009 at 10:42:31:
I had a mh in a park that someone from out of state was interested in. The wife had called and inquired. Photos were sent. Her brother viewed the inside of the home on her behalf. etc. She wanted it held for 1 1/2 months until she was moving up. We worked out a holding fee for 1 month. I messed up and didn’t send that it was non refundable. She came up and looked at it with another brother and then didn’t feel it was large enough to keep.
She was downsizing from a 3/2 to a single wide with addition.
She then asked for her money back. She was well aware that the home was taken off market for only her and that was the reason for the money. She was also well aware of the non refundable nature.
However since I didn’t get a form signed I now have a letter requesting a refund of the total amount from the husband. The letter states I allowed it to be held and if he didn’t like it amt would be refunded.
The husband did sign application along with wife.
I know my mistake was not getting a form signed. Do I have a leg to stand on?
MH is in personal name and check was made out to business name.
Bluffing game - Posted by John Merchant
Posted by John Merchant on October 10, 2009 at 13:05:26:
One thing I’d bet on is no lawyer is going to get really involved here as his/her fee would be more than that deposit.
But since the amount you hold is certainly within the monetary jurisdiction of your Small Claims court, those folk will likely go there and file a claim against you.
You’ll then have a chance and opportunity to go to that court and explain your position.
The judge will order you both to go into an adjoining room and talk with court appointed mediator and work it out.
So I’d say nothing to make you break into any kind of heavy sweat.
You might think of sending them your money order for 1/2 what she gave you with it clearly written on bottom of that MO “in full satisfaction of any and all claims against Jenn”.
Odds are you’d never see that MO again or hear from any one of them again, but if you did and they then sued you you could then take your copy of that paid MO to SC Court the judge would toss her suit against you.
Re: Bluffing game - Posted by jenn
Posted by jenn on October 11, 2009 at 07:59:09:
Thanks John,
One last question. If I am in Ohio and received the money and the then potential renter was in another state. If they did file suit, which state would it be filed in?
Fave law school question - Posted by John Merchant
Posted by John Merchant on October 11, 2009 at 10:42:08:
Ah, law profs love these jurisdiction questions.
To bring suit anywhere, the plaintiff has to allege and prove, if he can, that his chosen forum (the particular court where he files his suit) has jurisdiction of both the defendant and the matter at hand.
And you wouldn’t believe the jillions of trees that have been sacrificed in the printing of the court decisions on this juris. deal.
On a little deal like your case, the plaintiff might sue in his own state, but could not then easily serve you so as to bring YOU within his court’s jurisdiction.
States have each and all enacted various “long arm statutes” to enable its courts to nab & nail a defendant who used that state’s highways when the defendant got reckless and through his bad driving, hurt or killed a resident of that state.
And also a defendant who “did business” in that state causing harm to one of its citizens. Hundreds of cases in all 50 states about what is/is not “doing business”.
e.g. a traveling salesman who is driving through 4 states on a sales trip and runs over somebody might then be allege and prove he was NOT DB in that state because that state’s laws said his activities there did not amount to DB under its laws.
And many (most?) states that have addressed a LL/T case where the T is suing the LL, have ruled that the LL was NOT DB in that state by merely renting its house; ergo that state does NOT thereby have juris. over that D.
So a lawyer would probably advise the P (sue-er) to file in YOUR state and locale so as to deprive you of the jurisdiction defense, and since it’s not enough money to make it worthwhile, the P probably wouldn’t bother as it wouldn’t be economical.
I’ve just spent more time answering your question than any practicing lawyer would want to spend answering that P’s questions for free, so once he quotes the fee he wants, the P is going to evaporate like so much smoke.
See what I mean about tenant’s calling your bluff?