Carwhore Posted January 17, 2012 Report Share Posted January 17, 2012 So most of you know I've been looking for a house. During the process I actually did make an offer on a house and Fannie Mae accpeted it. Well shortly after the inspeciton things went down hill. Here is a little review incase you didnt see.http://www.ohioriders.net/showthread.php?t=86787http://www.ohioriders.net/showthread.php?t=87173Well after all the negative issues I delt with with my realtor I decided to make a review on Zillow.com.This is the reviewhttp://www.zillow.com/profile/The-Pacifico-Group/Reviews/I'm the only negative one. I'm guessing anyone that makes a negative review on Mike he shortly calls them and threatnes to sue them!!!! Because this is exactly what happened. He saw the review and called me told me he's already spoke to an attorney and he's prepared to sue me. I don't belive I did anything wrong. I didn't do any name calling, and I didn't write anything that wasn't 100% true!Can he sue me over this?I don't think he can so I'm not worried, but I may be wrong. Quote Link to comment Share on other sites More sharing options...
flounder Posted January 17, 2012 Report Share Posted January 17, 2012 Youre fine. Tell him to feel free to bring a lawsuit but he is open to reviews as part of posting on Zillow. In addition, he needs to be able to prove in a court of law that what you said was false. On top of that, tell him that he needs to understand that if he does sue, you will counter sue for damages, court/lawyer costs, defamation of character for questioning your review, time off work, mental anguish, and partial costs of the home you lost out on for having to deal with his BS. Quote Link to comment Share on other sites More sharing options...
MidgetTodd Posted January 17, 2012 Report Share Posted January 17, 2012 I say we use the power of the web to Woodbury him Quote Link to comment Share on other sites More sharing options...
Carwhore Posted January 17, 2012 Author Report Share Posted January 17, 2012 I'm getting woodbury'd all over! Quote Link to comment Share on other sites More sharing options...
Carwhore Posted January 17, 2012 Author Report Share Posted January 17, 2012 Youre fine. Tell him to feel free to bring a lawsuit but he is open to reviews as part of posting on Zillow. In addition, he needs to be able to prove in a court of law that what you said was false. On top of that, tell him that he needs to understand that if he does sue, you will counter sue for damages, court/lawyer costs, defamation of character for questioning your review, time off work, mental anguish, and partial costs of the home you lost out on for having to deal with his BS.Thanks. And this is exactly what I told him. I told he go ahead and sue. I would sue him for defaming my name and sue for attorney fees. I didn't think I was in the wrong, and wasn't afaird. The only thing he really told me was he didn't keep my appraiser from entering the property. But that's not how he inturpeted it to me. He specifically told me "We kept your appraiser from coming earlier". They did this because there was standing water in the basement. On the phone today he told me he never kept my appraiser from entering the property. Yet he told me he did......Unless John Fox kept them from going in. If that's the case then I was told in a demanor that they both did the act together. Quote Link to comment Share on other sites More sharing options...
flounder Posted January 17, 2012 Report Share Posted January 17, 2012 If they kept the appraiser from entering or delayed him due to water that they didnt want him to see, that is illegal as well since they were hiding the current condition of the home until it was fixed. He may have been doing it in your favor at the time but now that its after the fact, he would get torn apart in a court for those actions. Quote Link to comment Share on other sites More sharing options...
BadTrainDriver Posted January 17, 2012 Report Share Posted January 17, 2012 So long as you can PROVE what you wrote about him, you'll be fine.If you can't prove what you wrote, you most definitely can be sued for slander.If it's down to your word against his, meaning you can't physically prove it, I'd remove the post and move on with life.I'm not an attorney, but I did stay at a Holiday Inn Express last night.Remember...PROOF. Your word against his could go either way with a judge, and could be very costly. Quote Link to comment Share on other sites More sharing options...
Carwhore Posted January 17, 2012 Author Report Share Posted January 17, 2012 So long as you can PROVE what you wrote about him, you'll be fine.If you can't prove what you wrote, you most definitely can be sued for slander.If it's down to your word against his, meaning you can't physically prove it, I'd remove the post and move on with life.I'm not an attorney, but I did stay at a Holiday Inn Express last night.Remember...PROOF. Your word against his could go either way with a judge, and could be very costly.He told me to order an appraisal right away, this will be his word against mine. I did not talk to who appraised the house, I can only imagine he told me the truth in keeping them away. I do know he told me that "they/ we" did. Because the sump pump in the basement was damaged and there was standing water in the basement. The pump was repaired that day so the water was evaporating and drying up. I looked back through my phone and that day i asked if I should cancel the appraisal. My inspector was there earlier in they day and saw the standing water. I will subpoena him for that statement to prove what im saying.Mike made several calls to my bank trying to get them to push the documents throught to get ready for closing. THIS I CAN PROVE! If this does go to court I will subpoena my loan officer. He told me he has the see the appraisal "to see if they flagged any itens that need taken care of". Which no realtor needs to see an appraisal. I did quote him a few times. Which were word for word. Yet I don't have any proof, they were via a phone call. Quote Link to comment Share on other sites More sharing options...
Pfloydgad Posted January 18, 2012 Report Share Posted January 18, 2012 If he thinks his approval raiting is bad now, wait till he tries to sue. Give him that info and see how he reacts. He also sounds like a guy that drives a big truck but is drastically lacking in the schlong dept. I know quite a few realtors, and all of them are in panic mode and way to pusshy, I have lost a couple as friends because of it. Good luck, don't sweat it.Ride safe all,Greg Quote Link to comment Share on other sites More sharing options...
madcat6183 Posted January 18, 2012 Report Share Posted January 18, 2012 Okay, when I bought a house during the last refi/purchase boom I made sure I kept every single email, letter, signature, etc. I am hoping you did the same? I mean actually I still have them and I bought my house in 06. If this is the case then you are fine, as you have details and facts. However if everything was via phone, text, etc. then he may try to file a law suit sure, but as Flounder stated, just threaten a counter law suit and I think he will walk away.One of the things about being on a public site like Zillow etc. is they have to agree to let people posts comments regardless of what they are. I work for one of the largest lenders in the nation, we get shit like this all the time, non-stop, and we don't do shit about it because there are so many other opportunities out there. This guy is the same way and I am sure just throwing out the law suit out there. A few things I noticed;1)The guy looks like a DB, always use a hott female Realtor, a family friend that you TRUST and know, or some guy that is young. They seem to be the ones that get things done. Hotties will do anyone to get the job done, family friends don't want to disgrace their family, and young guys are all about $$. This Realtor looks like he stopped at a doughnut store then had BK deliver to his house all while he was threatening law suits at people and looking at gay porn. 1 Quote Link to comment Share on other sites More sharing options...
buildit Posted January 18, 2012 Report Share Posted January 18, 2012 I would definitly have ALL documents in order and take this very seriously if it actually makes it to a court of law. Avoid at any cost going to arbitration by a "neutral party" as it seldom helps and is more likely to cost you more in time and allow them to build a better case. If you can go to the court and request a disclosure of all charges against you so you can deny each one and have paperwork to back it up you can probably get it thrown out of court. Quote Link to comment Share on other sites More sharing options...
Carwhore Posted January 18, 2012 Author Report Share Posted January 18, 2012 alot of the conversations were via phone. It seems like he may of had this issue before so I have emails that I've sent and recieved, but not of his that are sent really have no content. Quote Link to comment Share on other sites More sharing options...
ReconRat Posted January 18, 2012 Report Share Posted January 18, 2012 ummm, almost all those reviews look fake to me except for yours. Notice a typical review posted the same day as yours, that pushs yours down where it can't be seen when the page opens... Quote Link to comment Share on other sites More sharing options...
Carwhore Posted January 18, 2012 Author Report Share Posted January 18, 2012 I just spoke to my banker and he just let me know it was several times he was pushy with him, not just once. And he even was so mad he hung up. Quote Link to comment Share on other sites More sharing options...
bigd Posted January 18, 2012 Report Share Posted January 18, 2012 always use a hott female RealtorI always do real estate transaction with just a real estate attorney...but madcat has some great advice if you're so inclined to use a realtor.. Quote Link to comment Share on other sites More sharing options...
C-bus Posted January 18, 2012 Report Share Posted January 18, 2012 He's not going to sue. He would gain nothing. No attorney will take the case beyond, at most, a scary letter. Tell him to put on his big-girl panties and suck it up, buttercup. Quote Link to comment Share on other sites More sharing options...
magley64 Posted January 18, 2012 Report Share Posted January 18, 2012 I just had a realtor read your review.1: you're 100% legal as long as everything you wrote was factual as you understand it.2: there is no way the appraisal and inspection should have come out of your pocket, those should be written as contingencies into the contract, and picked up by the seller if problems are found, and not sorted... or appended to your loan if they pass.3:Real Estate Agents are NOT Realtors, there is a reason that people go the extra mile, take the extra coursework, and pay the extra association fees, realtors have higher standards of practice. Quote Link to comment Share on other sites More sharing options...
imprez55 Posted January 18, 2012 Report Share Posted January 18, 2012 It is very difficult to prove slander. They have to prove that what you said was false and that it cost them business in some way and with their overall rating not being affected much that looks hard to do from my perspective (I wonder how many of those reviews are legit). I'm no lawyer, but I think he is just trying to scare you (breaking another law doing it though). Quote Link to comment Share on other sites More sharing options...
idodishez Posted January 18, 2012 Report Share Posted January 18, 2012 My advice, is that you're looking for someone to ADVISE you with ADVICE. (pet peeve) Oh, and to tell him to smoke a pole. NoBama 2012 Quote Link to comment Share on other sites More sharing options...
crb Posted January 18, 2012 Report Share Posted January 18, 2012 Can he sue you? Yes. Will he win should be the question. If you didn't lie, you didn't slander him. I wouldn't take any calls, emails, texts from him. Quote Link to comment Share on other sites More sharing options...
C-bus Posted January 18, 2012 Report Share Posted January 18, 2012 Can he sue you? Yes. Will he win should be the question. If you didn't lie, you didn't slander him. I wouldn't take any calls, emails, texts from him.Good advice. Stop communication with him. That will piss him off more, but won't enable him to trap you in something stupid that he might get you to say. Again, he's not going to sue you. If I had a dollar for every threat to sue me, I'd have enough to pay the legal fees for when they actually do. Quote Link to comment Share on other sites More sharing options...
Beegreenstrings Posted January 18, 2012 Report Share Posted January 18, 2012 The only issue I could see is Defimation (spelling) of character. Quote Link to comment Share on other sites More sharing options...
Beegreenstrings Posted January 18, 2012 Report Share Posted January 18, 2012 A few things I noticed;1) always use a hott female Realtor, Hotties will do anyone to get the job done, . Totally agree... I know a few personally I would love to... Quote Link to comment Share on other sites More sharing options...
Scruit Posted January 18, 2012 Report Share Posted January 18, 2012 My legal advice would be to talk to a lawyer of your own.What he's threatening sounds like a SLAPP suit. "Strategic Lawsuit Against Public Participation". Suing someone who gives you a bad review. He knows he can't win, he just wants to scare you into shutting up. Quote Link to comment Share on other sites More sharing options...
Cheech Posted January 18, 2012 Report Share Posted January 18, 2012 My legal advice would be to talk to a lawyer of your own.What he's threatening sounds like a SLAPP suit. "Strategic Lawsuit Against Public Participation". Suing someone who gives you a bad review. He knows he can't win, he just wants to scare you into shutting up.Bingo. If you want legal advice, talk to a lawyer, not a bunch of people on the internets who like motorcycles.If you want a analysis from a guy on the street, then my conclusion is that the truth shall set you free. It's not libel (not slander, libel) if it's true, and the burden of proof is on them to prove that. If he is astroturfing his reviews, then he'll just continue to do that until he's buried yours and it'll be like it never happened. If he does actually serve you with papers I'd be extremely surprised. Tell him in no uncertain terms to fuck off. Quote Link to comment Share on other sites More sharing options...
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