Monday, January 14, 2013

People's Court Blog - 1 14 2013 - Monday

Alexis is suing Frances for $1480.00.
Frances has a countersuit.
Alexis and her boyfriend were living in an apartment rented by Frances. Even though they were told that smoking was not allowed, they continued to smoke. When Frances smelled marijuana she told them again it was not allowed. When Frances noticed people were coming and going at all hours, she felt that they were dealing drugs. Frances told them to move out. The boyfriend moved out right away but Alexis stayed on. Finally Frances had enough and told Alexis she had to leave. Alexis was upset by this and reported Frances for having an illegal apartment. Alexis was starting to move out and had left furniture behind. Frances took the key back from Alexis. When Alexis wanted to get the rest of the furniture, Frances told her she threw it out. She did this because she  was not happy being reported for the illegal apartment. 

Clearly, these two women were not able to communicate effectively with each other. They were both angry and not dealing with the situation in a business-like manner. After Alexis moved out, she noticed 4 pairs of her shoes had been damaged. The closet they were in had water damage and the shoes were covered with mold. Frances blames Alexis for causing the leak. Both sides are at fault and both sides have to pay the other. After the Judge decides what damages they are entitled to, it results in the landlord receiving $1400.00, not the almost $5000.00 she was countersuing for. The landlord was not entitled to back rent because it was an illegal apartment. She was entitled to the damages she could prove. In the hallway, Alexis claims that some of the damages were caused by them killing bugs. When she was in the courtroom, she never mentioned bugs. The landlord, Frances, feels that the verdict was fair and will never rent again. 

What I find very interesting is that Alexis did not care the apartment was illegal until she wanted to get back at Frances. Why do people need to be so vindictive? Why do they have to become so angry with each other that common sense flies out the window?

Omari is suing Nathaniel for $5000.00.
Omari hired Nathaniel to install an air conditioner unit for his house. He had received several other estimates and each one specified the size of the unit. On the contract from Nathaniel the size of the unit was not on it. After he installed the unit, Omari felt that it did not cool his house. Omari hired an air conditioner specialist to evaluate the situation. He had in writing from the specialist that the air conditioner unit was undersized and that it was not calibrated correctly.

Nathaniel admits he is not licensed to install this type of air conditioner unit. He says he replaced the unit based on the size of the existing one. Unfortunately, when Omari bought the house the air conditioner did not work. Nathaniel did not do sizing calculations and did not realize the existing unit was undersized.

It is very clear that Nathaniel did not do the job correctly. Omari does not receive $5000.00 because of this, he only receives what he paid for the job, $3820.07. Also, Nathaniel needs to pick up the unit from Omari.

It is a shame that the communication broke down between these two men. When Omari initially complained to Nathaniel, there was a negotiation that could have worked out. Unfortunately both men become hostile towards each other and wound up in court. The further shame of this case, is that these two men were friends. Hopefully they can get past this situation and renew their friendship. Friends should not do business with each other, especially if the contract is not clear. It easily can become uncomfortable and awkward. What do you think?

Selena and Omer sue Cesar for $2800.00
Selena and Omer purchased a three piece livingroom set from Cesar's furniture store. They prepaid for the set. When it was delivered, Omer was not happy with the recliner and refused delivery. Omer thought he was buying a power recliner. The recliner was manual, it did not even have a lever. When he called Cesar and was told the recliner did not come in a power model, he decided to sue. Why is he suing for the entire amount of the purchase when he kept the other 2 pieces of the set? This is not clear, except that Omer is focused on the power recliner. The fact that he is so adamant about a power recliner would be a very good reason for it to have been specified on the contract. It is not. Also, when Cesar realized that Omer wanted a power recliner, he called to find out if this model had that feature. He found out it did not and never let Omer know. Cesar needs to learn how to communicate with his customers. 

Omer does not get his money back but he is entitled to get his recliner back. Cesar agrees to deliver the recliner to Omer. At first he said he would make him pick it up and then he agrees to the delivery. The Judge reminds them both to play nice in the hallway!

Once again, effective communication was needed. Hopefully Cesar will learn from this and care about what his customers want. This will serve him well in the future. What do you think? 

Communication is very important in all three of these cases. People need to be very clear about what they want. When you enter into a contract, check the information before signing. This will save everyone headaches and heartaches!

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