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Message
re: How shady is this (real estate situation)?
Posted on 11/17/15 at 9:23 pm to Jcorye1
Posted on 11/17/15 at 9:23 pm to Jcorye1
again, dude, I didn't ask for a legal opinion, but people are giving it, and I ain't buying what they're selling. yet.
how people can fail to understand that this was meant to be an ethical discussion is funny to me.
how people can fail to understand that this was meant to be an ethical discussion is funny to me.
1
Posted on 11/17/15 at 9:25 pm to baybeefeetz
quote:
Have you ever encountered this scenario? Have you ever written into a complaint "attempt to get out of a contract by underhanded means"?
You're exactly right. Since he has never came across this exact situation he is obviously just as clueless as you are as to how courts deal with similar situations. You aren't very bright. Why would you come here asking for opinions and then fight tooth and nail arguing that said opinions are wrong?
Posted on 11/17/15 at 9:26 pm to baybeefeetz
quote:
Have you ever encountered this scenario?
Similar scenarios, yes.
quote:
Have you ever written into a complaint "attempt to get out of a contract by underhanded means"?
Of course not. That is just how I post on TD.
This post was edited on 11/17/15 at 9:29 pm
Posted on 11/17/15 at 9:26 pm to UpToPar
for the third time, I didn't ask for a legal opinion.
I'm the one who's not bright?
I'm the one who's not bright?
Posted on 11/17/15 at 9:27 pm to baybeefeetz
Is this agent's demands part of a written contract with him?
Posted on 11/17/15 at 9:27 pm to Kim Jong Ir
quote:
Similar scenarios, yes.
SO the claim was breach of contract, and the defendant argued he didn't technically violate the contract, and then what happened?
Posted on 11/17/15 at 9:28 pm to Tigahs24Seven
agent's demands? what? Yeah, there is a written agreement with the realtor.
Posted on 11/17/15 at 9:30 pm to baybeefeetz
quote:
for the third time, I didn't ask for a legal opinion.
quote:
But I welcome an argument about how he could sue me for breach of contract.
whoops.
quote:
I'm the one who's not bright
Posted on 11/17/15 at 9:31 pm to baybeefeetz
quote:
again, dude, I didn't ask for a legal opinion, but people are giving it, and I ain't buying what they're selling. yet.
Answering your question then, yes I think it is unethical.
Posted on 11/17/15 at 9:32 pm to UpToPar
I'm talking about in the OP -- and obviously I have welcomed the argument and am engaging in it - and I will acknowledge when somebody convinces me that I could lose a breach of contract suit.
I didn't say I want a legal opinion. I said I welcome an argument and that is what I'm currently in.
don't be stupid.
I didn't say I want a legal opinion. I said I welcome an argument and that is what I'm currently in.
don't be stupid.
Posted on 11/17/15 at 9:32 pm to Kim Jong Ir
I figured you would.
Posted on 11/17/15 at 9:33 pm to baybeefeetz
quote:
I didn't say I want a legal opinion. I said I welcome an argument and that is what I'm currently in.
I fail to see the difference.
Nobody is going to change your mind. It is obviously already made up. I say you go for it.
Posted on 11/17/15 at 9:33 pm to baybeefeetz
quote:
and am engaging in it -
Not very well
Posted on 11/17/15 at 9:34 pm to baybeefeetz
quote:
yeah, but being in a lawsuit is different from losing one.
Well I'll just say this. Maybe you are smarter and more financially stable than your real estate agent is. But maybe you aren't. Sometimes being in a lawsuit is worse than losing a lawsuit.
See if I'm on the other end of this , I'm a burn the house down around me kind of guy when I feel like I'm getting screwed and I want to make a point. And you know what? I'd be willing to bet I could put my attorney on you and grind your W-2 down to nothing. It may cost me a lot of money but when I'm dealing with a douchebag like you-and I have done it more than once- I will take a pirates victory just to make you lose your arse.
So just think hard anytime you want to frick someone. You just can't judge a book by its cover all the time.
Posted on 11/17/15 at 9:35 pm to baybeefeetz
Kim isn't a lawyer. He's a 19 year old college student who pretends to like craft beer and baseball.
You should go for it.
You should go for it.
Posted on 11/17/15 at 9:38 pm to Martini
All that stuff doesn't apply here, though. The most he can get is $5500. I could make it all go away by just paying it anytime I want.
Barring some kind of "fraud" claim, which I put in quotes because I believe Stout used the phrase "fraudulently:" here and there wouldn't be anything fraudulent about it. I'd tell the guy. In fact, most likely scenario is that I tell him I don't feel 3% is fair given how poor a job he's done.
But I'm still not hearing a convincing argument that he'd win if he sued me and I fought it.
Barring some kind of "fraud" claim, which I put in quotes because I believe Stout used the phrase "fraudulently:" here and there wouldn't be anything fraudulent about it. I'd tell the guy. In fact, most likely scenario is that I tell him I don't feel 3% is fair given how poor a job he's done.
But I'm still not hearing a convincing argument that he'd win if he sued me and I fought it.
Posted on 11/17/15 at 9:40 pm to Martini
quote:
Sometimes being in a lawsuit is worse than losing a lawsuit.
Yep but he thinks he could defend a suit for $1K to $2K. Maybe he qualifies for subsidized legal help but no way any attorney would get him to court on a measly $2K. That's a small retainer that would be ate up quickly. Drag it on for 3 years and he has paid double the Realtor's commission before even losing the suit.
Posted on 11/17/15 at 9:42 pm to stout
The whole matter would be over $5500. It's a small claims case.
There would be a people's court type hearing and that's it.
There would be a people's court type hearing and that's it.
Posted on 11/17/15 at 9:43 pm to stout
quote:
Yep but he thinks he could defend a suit for $1K to $2K. Maybe he qualifies for subsidized legal help but no way any attorney would get him to court on a measly $2K. That's a small retainer that would be ate up quickly. Drag it on for 3 years and he has paid double the Realtor's commission before even losing the suit.
Not only that, but I'm pretty sure $5K is the jurisdictional limit for small claims court, so it doesn't get any cheaper for him.
Posted on 11/17/15 at 9:43 pm to baybeefeetz
Over $5K is no longer small claims IIRC
And it would be over $5500 plus his legal fees and court costs.
And it would be over $5500 plus his legal fees and court costs.
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