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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17524
Experience:  B.A.; M.B.A.; J.D.
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I own a property management business that does vacation

Customer Question

I own a property management business that does vacation rentals. I had a customer that recently stay at one on my properties that did nothing but complain while she was here and now is threatening bad review and legal action if she is not not satisfied monetarily. When she was here I did all that I could to satisfy her complaints in a timely manner. Part of her dissatisfaction was another company that I have no control over. I have offered her a partial refund of $850. Part of this deal is for her to sign a release that she will not log any complaints or bad review against my company or the propert that she stayed in. She also complained about a credit card fee that I now know is illegal for me to charge. I have already refund it to her and have changed the way that we do business. What can she really do legally to me?
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I own a property management business that does vacation rentals. I had a customer that recently stay at one on my properties that did nothing but complain while she was here and now is threatening bad review and legal action if she is not not satisfied monetarily. When she was here I did all that I could to satisfy her complaints in a timely manner. Part of her dissatisfaction was another company that I have no control over. I have offered her a partial refund of $850. Part of this deal is for her to sign a release that she will not log any complaints or bad review against my company or the propert that she stayed in. She also complained about a credit card fee that I now know is illegal for me to charge. I have already refund it to her and have changed the way that we do business. What can she really do legally to me?
Response: If you do not reach an agreement and sign a release, she may file lawsuit against you for any money that she alleges that you owe her. She may also post bad reviews against you. However, if the reviews are false and defamatory, you may sue her for defamation. Generally, you must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party (posting false negative reviews, using social media to spread false information about your business, etc.); (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher—this would not apply to you if you are not a public figure; (4) then finally you have to prove that you suffered damages as a result of the defamation.

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