Posted by JHyre in Ohio on July 02, 2002 at 07:37:42:
How you respond depends upon your personality. You can give her what she wants, saving a lot of hassle, but possibly advertising that you settle and attracting more “victims”. My preference with someone who has pushed matters this far: Parry and counterattack. You have presumably done nothing wrong. You are acting as a principal, so the RE board has no business being involved (depends on your local rules, I’m generalizing). There is no fraud that I can see, and certainly not criminal fraud…the police and AG probably get complaints and accusations from wackos all of the time- and they have experience at recognizing them. If either approaches you, do not panic. Make your character and reputation contrast with hers. She is shrill- you be calm. She throws accusations- you deal in facts. Answer questions either not at all (makes you look like you are hiding something, but keeps you from saying something dumb) or directly, politely and truthfully (my preference). I’d bend over backwards to be helpful- you are an honest businessman who made a contract and keeps his word (she HAS gotten all of her payments, right?). I’d sue her for illegally interferring with contracts (by talking to lessees) and slander/defamation (document who says what to you about your “problems” and their source). Attack hard, but lawfully- SHE needs to have something to lose. You also need to see whether local law permits her to force you to move the mobile…your contract may affect that power (e.g.- implied right to rent the land for the term of the contract).
From what I can see, you have done nothing wrong- so don’t act guilty! Decide whether you will settle with her to make her go away…though it’s hard for her to undo much of what she has done. Me, I’d act like Roosevelt/Truman after Pearl Harbor- I’d go atomic. YOU have the moral high ground- YOU have honored your contract, SHE has attempted to breach.
Help!! I entered into a L/P agreement to purchase a home with terms of 45k option with monthly payments 470 and 470 rent credit per month for 12 months with a renewal for another 3 yrs at same terms. Sweet deal. I then L/O the property to a subtenant for a higher amount and higher monthly payments. Everything was well for 3 months, until…I sent a letter to the original seller informing them I would like to assign my position to them for the 10k difference and $80 more per month, monthly payments and that the new term would not extend past the end of the year )the agreed upon option period with my subtenant)for $1500. The seller FLIPPED OUT completely. I have no idea why but then came the attack. She 1st went to an attorney who told her that she is stuck in the contract but since she was optioning to me a mobile home, she could screw me by only selling the mobile home and not the land. She then went to the Realtor Board where she made a formal complaint, stating I was acting as a Realtor, then made an appointment and traveled to meet at the State Realtor Association Board to continue making complaints. Then, she went to the BBB and made a formal complaint. Then, to the DA to try and bring criminal charges. The DA, whom we have spoken to, refers all complaints to Police detectives to do an investigation and if anything comes of it, they bring it to him. As of today, the DA says nothing has come back to his desk, after a month now. Then, she made an appointment with the State Attorney Generals office who are currently doing an investigation. She brought them all the houses I had listed for lease purchase from my website. Gave them a sworn statement and they contacted the tenants in the house telling to place their money they pay per month in an account and not pay unless we asked for it to show they had the funds to pay. Saying if we collected, it would increase the amount we “embezzeled”. The seller had contacted us 2 weeks prior asking us to make the contract “right” (to release her from the contract so she can sell directly to the subtenants) or she would continue and proceed. I don’t have a problem releasing her from the contract to help preserve the reputation I have left, SHE IS THE MOUTH of the south BUT, what she has put in process with the attorney’s , DA, and RE board, and State Attorney’s office is very daunting to say the least. I feel helpless as she is attempting to press FRAUD somehow and I dont know why or what was done wrong. What can I do?? How can I stop her, or better yet, get away from her and all this questioning the DA and State Attorney will pursue now?? HELP!!! Do I have legal recourse for slander to my reputation? I feel completely damaged. It seems every other day, another person I deal with mentions the problems they have heard about. No doubt because of the aggressive attack she has pursued. She has also advised the State Attorney to pursue my dealings in all cities I do lease purchases in. The paperwork the subtenants showed my manager looks very menacing? Desperatlely seeking advice.
after reading your post my understanding is she is getting crazy-mad about assigning your contract to Sub-tenant.look on your contract if it say that you can assign this contract to someone,and she signed for it as a agreement, then i dont see any problem those agency can go after you.
if it is not stated in the contract,then give it to back her the house, if that what she want. Think, this is not gonna be your last deal,Right?.
I am not a attorney ,just my 2 cents
Re: L/O seller attacking full force - Posted by BIGDADDY(MD)
Posted by BIGDADDY(MD) on July 03, 2002 at 07:07:58:
I agree with John on this one.
She’s already done damage, I’d tell her bring it on. No real need to be nasty, I’d contact my lawyer and immediately commence a counter-suit for everything that my lawyer and I could possible think of with the hopeful intentions of her almost S#%$^%*! her pants and thinking that, as Toby Keiths says in his great patriotic song, she’s rattled this big dogs cage and its not afraid to fight back (sort of) you get my point. I had a case in which I was being sued wrongfully, I simply defended my position and when the babbling moron got on the witness stand in court I thought that his lawyer was going to start crying because it was obvious that they never ever wanted to be there, the person suing me made a great witness for my side. See if it goes that far she is going to have to say what it is that you have done wrong and negotiating a better deal with your end buyer than she did with you is not a good answer.
I AM NOT AN ATTORNEY/LAWYER I AM ONLY TELLING YOU MY OPINION AND WHAT I WOULD MOST LIKELY DO.
So Good Luck, Stand Firm and realize that she may be doing damage but if it goes to court or you settle in your favor that sounds a lot better to people. Also, if you are able to get her to settle I would demand a public and written apoligy and that she send certified letters to every person, entity, agency, or official that she has contacted stating that she was wrong and that you have acted ethically, honestly, with high moral character, and well within the boundaries of the law.
Once again, this is just what I would probably do. What I always tell my attornies when I get into situations like this (extremely rare) is that I want them on their knee’s begging us not to pursue it any further,and just maybe this will stop some of this frivolous lawsuit bull%$#@ that happens on a daily basis in this country.