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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34743
Experience:  16 years real estate, Realtor. Landlord 26 years
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Purchased a house in Maryland January 9th. the contract I

Customer Question

purchased a house in Maryland January 9th. the contract I signed when my offer was excepted was a generator didn't convey to me. after settlement they never removed the generator. I sent emails to the sellers agent requesting to have the generator removed and they never removed the generator at the end of march I hooked it back to the house. now I got a demand letter demanding the generator. It has been here for months without any attention. now he has threatened me about my job and going to slander my name and I have a business to run
john booth
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Did you ever send them anything in writing stating that if they didn't remove it within a certain amount of time, you would consider it abandoned?.
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What threats has he made to you?
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Has he made any intentionally false statements that have harmed your reputation in the community?
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thanks
Barrister
Customer: replied 1 year ago.
Jonathan Montes2400 NW 6th StreetGainesville, FL 32609John E. Booth4260 Hidden Creek RdPort Republic, MD 20676June 9, 2015Mr. Booth,Enclosed is a demand letter with possible implications of felonious theft and conversion of property on your part.I've been in Southern Maryland for more 30 years. I've owned multiple businesses in Southern Maryland and I've coach in the area for more than 20 years. I sold my business and moved to Florida 3 years ago selling my house to you in January of this year. You have refused to allow my representative to remove my generator as you are required to do by contract. And, contracts and trust, should be important to you. I have an email list of about 3500 of my former clients, parents, friends...etc, from Southern Maryland. Most are from my days in the Insurance business...ask your F&I person...they've seen my name 100 times. I will be emailing out to those on my list about my dealings with you IF this situation is not remedy.I will start my campaign against you in 14 days (should we not resolve this sooner) and will be listing your name, your picture, where you work and a stern stern warning to any of my former players, parents, friends and clients to avoid you at all costs based upon his willingness to convert and frankly steal my property when he has a contractual obligation to return it.Lastly, you and I have something in common. My family and extended family members work at a Toyota dealership in southern MD in an ownership and management capacity. Southern Maryland, as you know, is a wonderful place to do business....everyone knows everyone...and reputations matter. My family has been doing business there since 1970 and still do today. I'm certain you had no clue of this. You just think I'm some guy that moved to Florida that you can violate. Nothing....nothing can be further from the truth. I can only assume if you knew what was stated in this email you would have acted accordingly. But integrity as they say is what you do when no one is looking.You have no defense for your actions. In the end, you will lose this should it come to that...in more way than one.Sincerely,Jonathan Montes
Customer: replied 1 year ago.
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Inbox
x***@******.***Feb 1
Replyto tommyGarage door opener and generator. Does he still want this??
JohnSent from my iPhoneTommyFeb 2
Replyto meWho is this again?***** *****
Sent from my iPadTommyFeb 2
Replyto meHi John, sorry, haven't had my second cup of coffee. Will you be around tomorrow?***@******.***Feb 2
Replyto TommyWednesday I will. But I'll have about 10 Mexicans running around everyday. Jen will be around in the afternoonSent from my iPhoneTommyFeb 2
Replyto meOk, Wednesday at 9?***@******.***Feb 2
Replyto TommySure sounds goodSent from my iPhone> On Feb 2, 2015, at 7:06 AM, Tommy wrote:
>
> Ok, Wednesday at 9?
>
>
>
>
> ***** *****
> Sent from my iPad
>
>> On Feb 2, 2015, at 7:02 AM,***@******.*** wrote:
>>
>> Wednesday I will. But I'll have about 10 Mexicans running around everyday. Jen will be around in the afternoon
>>
>> Sent from my iPhone
>>
>>> On Feb 2, 2015, at 6:56 AM, Tommy wrote:
>>>
>>> Hi John, sorry, haven't had my second cup of coffee. Will you be around tomorrow?
>>>
>>>
>>>
>>>
>>> ***** *****
>>> Sent from my iPad
>>>
>>>> On Feb 1, 2015, at 8:22 AM,***@******.*** wrote:
>>>>
>>>> Garage door opener and generator. Does he still want this??
>>>> John
>>>>
>>>> Sent from my iPhone***@******.***Jun 5 (4 days ago)
Replyto Remax-, JenniferSent from my iPhoneBegin forwarded message:From:***@******.***
Date: February 1, 2015 at 8:22:52 AM EST
To:***@******.***Garage door opener and generator. Does he st
Expert:  Barrister replied 1 year ago.
Ok, did you ever send the seller something in writing telling them that they had to remove the generator or you would consider it abandoned?.
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Is there some reason why you won't allow him to remove it now?
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Did you communicate to him that you notified the seller's agent that they could remove it at any time and they failed to do so?
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thanks
Barrister
Customer: replied 1 year ago.
I messed up the email when I copied it. I asked the montes rep responsible for the generator if he was still going to get it and he did respond to me. never showed up. he finally showed up in may telling me he was going to get it finally with in the next week. I told him I hooked it back up. the contract we signed in October 2014 said it didn't convey. They were suppose to get it out before settlement. correct? I asked and asked and never got anything. I have since redone the backyard and It will destroy a good section of my yard.
Customer: replied 1 year ago.
and now says I stole it?
Expert:  Barrister replied 1 year ago.
""They were suppose to get it out before settlement. correct?""
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Technically they should have, but unless the contract specified that, then it wouldn't have been mandatory. The contract controls here and it states that it doesn't convey.
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So what that means is the the seller created a "bailment" where you are required to keep their personal property until you legally terminated the bailment.
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In order to legally terminate a bailment, the bailee must send written notice to the bailor stating that they are terminating the bailment and they have XX days to retrieve their property or it will be considered abandoned and disposed of. The number of days has to be reasonable considering the circumstances.
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So here, if you never formally terminated the bailment, the bailor can return at any time and demand their personal property. From a legal perspective, if they filed suit, they will win.
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As for threatening to disclose this to others, it is not slander or defamation if someone is stating things that are factually accurate. So if he actually said you stole it to other people, then that is slander/libel and defamation because it is not true. But if he said you had his generator and were refusing to return it, that would be true, so no defamation/slander.
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This is what he said in the letter: "possible implications of felonious theft and conversion of property on your part.""
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So he was careful to use the word "possible" which means that he wasn't stating that you stole it, just that there were possible implications....which essentially mean nothing, the comment was just used to try and scare you.
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At this point, if you didn't terminate his bailment properly, then you would be obligated to return the generator to him.
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But if he damaged your yard in retrieving it, you could hold him liable for any damage costs. So take lots of pictures of your yard and tell him that if he damages it, you will sue him for any landscaping damages.
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thanks
Barrister
Customer: replied 1 year ago.
so he could of left it here for years. and picked it up at anytime...
Expert:  Barrister replied 1 year ago.
""so he could of left it here for years. and picked it up at anytime...""
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Legally, until you terminated his bailment formally, yes.
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
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thanks
Barrister

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