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Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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a neighbor offered to give us her suite at the Wells Fargo

Customer Question

a neighbor offered to give us her suite at the Wells Fargo Arena during the 2013 NCAA Wrestling tournament in March. With that, 22 tickets were available. We asked if she wanted money right away & she said no, just collect it & I'll get it from you when I need it. We have done that, and now with approximately $7500 in money collected from friends/wrestling fans from around the country, she's trying to tell us that her yearly contract with Wells Fargo is in jeopardy and that Wells Fargo is trying to double her price. Now, this person is known as being wishy washy. We were concerned in the beginning & probably should have had a written agreement but she wouldn't have done that anyways. She's the kind of person who will create some kind of drama, only to "save the day" later so she can get tons of appreciation and thanks. She's pulled several of these "dramatic events" on us since agreeing to loan us her suite for the tournament, but now I'm very nervous since we have sent her a check with all these people's money & she still hasn't cashed it. What can we do to ensure that all these people aren't SOL for this tournament? I'm sure plane tickets have been purchased & I know hotels have been reserved for the past 10 months already.
Submitted: 3 years ago.
Category: Legal
Expert:  Tina replied 3 years ago.

Hello and welcome.

My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you.

Do you have e-mails, witness testimony, or any evidence besides your own testimony as to the terms of your agreement with her? Have you requested that she provide documentation to substantiate the increase in price to her?
Customer: replied 3 years ago.

This woman's company rents the suite on a yearly basis. She co-rents it with another person. Her first drama was that this other person wasn't paying her bill as of 2 months ago so the whole thing wasn't going to happen, even though she paid. I don't know how a company can do that to you though even though she was supposedly paying hers on time. However, I don't have a way to be sure of that either unless I call Wells Fargo Arena myself & talk to someone who deals with renting out the suites. She has offered this suite to my husband for this tournament since last February and has assured us that there would be no problem. We were leery at first but ultimately couldn't believe that someone would actually pull the rug out from under us for something like that. The bottom line is, if this were just for us we wouldn't mind. But there are 22 other people around the country who have sent us checks & we've held onto them until she asked us for payment, which we gave her within 4 days of her asking. She's had the check now for at least 2 weeks but hasn't cashed it. The tournament is in March & I'm pretty sure it's sold out. So I'm at a loss but I'm not rolling over on this.

Expert:  Tina replied 3 years ago.
Hello again, Michelle, and thank you for the additional information.

I'm sure you realize that you should have obtained a written agreement with her at a stipulated price before collecting money from others, since this does put you in a precarious position legally. If this woman does not follow through, the other people who have paid money to you could potentially pursue legal action against you for their damages for relying on your representations that the suite would be available to them. The damages could potentially include not only the money they have paid you, but also other costs they have incurred in relying on your representations.

You could of course seek indemnification from your "friend" who appears to be somewhat unstable, but it would become a huge legal mess and potentially expensive.

In an attempt to avoid all of that, I would retain a local attorney for the limited purpose of drafting a demand letter to this individual, indicating in no uncertain terms that you expect her to carry out the obligations in your verbal agreement, and detail those obligations. I would typically indicate in the letter that you intend to pursue legal action against her if she does not fulfill her responsibilities under the contract, and that she may also be liable for travel expenses for those who have reasonably relied on her representations if she does not provide the benefit of your bargain with her.

It should not take more than a couple of hours or so for an attorney to draft such a letter and it could save you a great deal of turmoil down the road. If she wishes to avoid legal action, this is likely to motivate her to comply with the demand.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.


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Expert:  Tina replied 3 years ago.
Hello again Michelle,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile:
Thank you very much and Happy New Year to you.

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