Thursday, September 27, 2012

People's Court Blog - 9 25 2012 - Tuesday

Tianne And The Irresponsible Landlord
Tianne is suing Frances for $2800. This is for her security deposit from an apartment she rented from Frances. Tianne lived there for 5 years and when she decided to move out gave Frances 2 months notice. At first Frances told her to live out her security deposit, which was 2 months rent. Then Frances changed her mind. Tianne did use the security deposit towards one month's rent. Why wouldn't Frances give her back the rest? Frances claims that Tianne left air conditioners and a TV set in the apartment and she could not rent it. A friend of Tianne's picked up these items within 45 days. Frances says she did not know what to do with the items and she needed to paint the apartment. Really Frances! You couldn't paint the apartment and show it working around window air conditioners units and a TV set? She also says that Tianne broke a window pane. Frances has a receipt for supplies and labor for $70.00. This is no excuse to keep all the money. The Judge is not going to permit Frances to keep it all. She has to return $1230.00 to Tianne. Frances is lucky she does not live in one of the states that has a penalty for landlords that withhold the security deposit without proper notification. She needs to learn her rights and responsibilities as a landlord. Tianne was a good tenant and did not deserve to be treated this way. What do you think?

Anabela And The Need For A Contract
Anabela is suing Mack for $2450.00. She hired Mack and his friend to do some handyman work in her office. Anabela says that Mack did electrical work and she was pleased with the job. Now she needed flooring done, paneling installed and a wall air conditioner covered. They did not have a written contract. This is never a good idea. Especially in this case, since Anabela has very specific ideas about what she wanted done. She is not happy about the work that was done. She says the floor tiles lift up when the floor is vacuumed, the floor is not level and the wind blows through the wall around the air conditioner. The checks for supplies and labor were written out to Mack. He claims he was the helper on the job. He is an electrician and not a carpenter. Mack feels that Anabela should sue his friend Johnny. 

The Judge rules in favor of Anabela since the checks were written out to Mack. He is not able to accept the money for the job and not have responsibility for the quality of the work. Anabela does not get all of the money she is suing for since she cannot prove the exact work she wanted done. Also, she wants $1000.00 to remove the tiles that are so loose they come up with the vacuum. She does get back $1200.00.

This is why it is so important to have a written contract. Showing notes about a transaction does not prove that the other person knew what you wanted done. We all need to learn from this experience. Whatever type of transaction is being conducted - get it in writing!

Andrea / Tylan And The Non-Existent Title
Andrea and Tylan are suing Adrian for $1091.86. This is for various expenses associated with the purchase of a used car. Adrian owns an auto sales business. The car they purchased was a 1990 Honda Accord. They paid $795.00. Unfortunately they never received the title for the vehicle. After several months, Andrea received a salvage title showing Progressive was the owner of the vehicle. She contacted Adrian and to this day has not received the title to the car. Adrian gives an excuse about the title being lost. When he finally received the title from the auction house he submitted it to the DMV. Why wouldn't the person who purchased the car receive the title? It does not seem like a very efficient way to do business. 

Since one of the only consistent warranties of purchasing a used car is to receive the title, Andrea wins the case. She will not get everything she is asking for because they did have the benefit of Tylan driving the car. She does get back $931.86. This is a significant portion of the money she is suing for. The Judge rules this way since Adrian is only able to come up with excuses and not results. 

It is so important to make sure all of the paperwork is in order for the sale of a used car. Adrian of all people should know this since this is his business. Hopefully he will learn from this and conduct business differently in the future! What do you think?

Please share your thoughts in the comments. Thank you for joining me.

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My success just evolved from working hard at the business at hand each day.
~Johnny Carson



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