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Thread: Need some advice

  1. -1
    PMZQ's Avatar
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    Need some advice

    Guys, about 8 months ago, a friend of mine, who had been dealing in the Real Estate business, decided to change gears, and is now trucking autos around the country. He gave up his house to foreclosure, and left me with a bonsai collection of about 40 trees. Its worth quite a few thousand $$$ and needs to be watered every other day.

    Before the arrival of the trees, my water bill for the month was about $ 35-38, and after their arrival $ 70 a month.

    After 2 months I asked him about it, and he gave me $ 40, which still didn't cover my costs already incurred, but he promised to pay every month in the future, $ 30 a month.

    I haven't ever seen a penny, and he has been allowed to stay in the house here, several times since then, and I have not asked him for any $$$.

    But I haven't seen him since Dec 12th, and yesterday, when I spoke to him about this he said he has no plans to come to Florida for a while. He did say he would send me a check for $ 100 (which still doesn't cover my loss so far).

    I have told him I would like to EBay one of the trees (they can fetch up to $ 1,500 to $ 2,000 some of them) to cover my expenses for the rest of 2008. He wasn't happy about that. I asked him could his father, or brother come down from West Palm Beach to get them, and he said no to that.

    My questions arise from what my legal position is in all of this : When can I legally claim them ? Am I in violation of the law if I sell one of them ? Can I sell all of them and he has no legal claim to the $$$ ?

    Please can someone give me some advice ?
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  2. -2
    Ronnie Bass's Avatar
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    This is what you do, you tell him if he doesn't agree to letting you put up one tree on Ebay you will then give him one week to come pick up his trees or you will put one of those trees on Ebay.

    Now if it comes to that take the proceeds in the sell and put it in a separate account and do keep track of all the money on paper that you take out of that account to pay the water bill, but only how much in your best estimation it is costing you to water his trees.
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    Sounds like he's using your place as a storage unit.If I was you i'd give him a choice either come get your tree's or i'm selling them.If he really wants them gents he'll come by to getum.Speak up or he'll keep using your kindness for weakness.
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    Pocoloco's Avatar
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    I've heard that usually when you agree to take care of someone else's stuff, you enter into a 'Voluntary Bailment' situation (legal-speak) which means that you are responsible for take 'reasonable' care of the stuff.

    Now, on one hand, you should've foreseen the larger water bill and planned accordingly with him. And he should've paid the difference on time. I don't think trying to legally claim or sell his property is a good idea unless he gives you permission, but you can tell him that you're gonna get rid of them or stop watering them because you simply can't afford it. Surely 'reasonable' care doesn't mean going into debt.

    It could get bad, make sure to save all your water bills for the last year or two so you can show a before and after if need be.

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    PMZQ's Avatar
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    Thanks guys, still taking suggestions.
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    like2god's Avatar
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    Go talk to an attorney, some of them give a free initial consultation so you can avoid another unfortunate expense.

    Personally I would wait until the next hurricane to sell them on Ebay, and when your friend asks where they are just tell him that they blew away.

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    PMZQ's Avatar
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    Quote Originally Posted by like2god View Post
    Go talk to an attorney, some of them give a free initial consultation so you can avoid another unfortunate expense.

    Personally I would wait until the next hurricane to sell them on Ebay, and when your friend asks where they are just tell him that they blew away.

    I may just do that
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    Sethdaddy8's Avatar
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    when is this arrangement supposed to end? if the extra money is really a burden, I'd give him 1-2 weeks, to get the trees out of there. But if the money isnt that much of a burden, I'd just continue to do the favor. Hopefully he'll pay you something soon. That kind of generosity usually comes back to you.
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    Baxter's Avatar
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    tell him to pay you or you will stop watering the stupid things if he doesnt pay up put them all on ebay make some cash and tell him they all died.
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    Quote Originally Posted by Baxter View Post
    tell him to pay you or you will stop watering the stupid things if he doesnt pay up put them all on ebay make some cash and tell him they all died.
    Ive tried that...it never works....stupid chicks!
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