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-   -   So do we have a lawsuit case?? (https://www.ft86club.com/forums/showthread.php?t=27761)

beesmiff07 01-30-2013 05:21 PM

So do we have a lawsuit case??
 
So let me know if I have a potential case on my hands...

So im deploying soon and I put my 30 day notice in...Our lease on our townhome says that they have to give me 24hr notice to have a potential buyer check out the place...and if they dont get into contact within that 24hr period they can enter without say....while me and y wife were sleeping they gave us a phone call from a private number and left a message...we never got it because we were sleeping...two hours later I hear our alarm go off and then hear ppl talking....I hop up grabbed my machete and ran downstairs to see the leaser and a potential buyer halfway in the door...our exchange of words weren't very heated but stern...(she had the nerve to ask me "so can we still view the place") So Im not gonna lie me and my wife have been very paranoid and she have been having bad dreams about it and making me get up in the middle of the night to check windows and doors.

So do we have a case on invading privacy and breach of contract??

GTB/ZR-1 01-30-2013 05:25 PM

Lawsuit? Over that? Really?

Asphalt~86 01-30-2013 05:26 PM

You won't have a breach of contract, and the damage would be very negligible. You would be looking at more fees in court costs and hiring an attorney than what it is worth.

Since they will say calling was their attempt at giving notice and you didn't respond that is the issue. Regardless of if they call private or by a 1-800 number is pretty unimportant. You could also possible run into the agent or the party touring the house filing assault charges because you ran down stairs with a machete and they felt "threatened with life or limb due to reasonable cause".

leon78 01-30-2013 05:37 PM

Murder case....should have killed the bitch.

beesmiff07 01-30-2013 05:43 PM

Quote:

Originally Posted by Asphalt~86 (Post 700122)
You won't have a breach of contract, and the damage would be very negligible. You would be looking at more fees in court costs and hiring an attorney than what it is worth.

Since they will say calling was their attempt at giving notice and you didn't respond that is the issue. Regardless of if they call private or by a 1-800 number is pretty unimportant. You could also possible run into the agent or the party touring the house filing assault charges because you ran down stairs with a machete and they felt "threatened with life or limb due to reasonable cause".

you dont think it will fall into me protecting my family from what i think is an intruder

bakerr6 01-30-2013 06:41 PM

Quote:

Originally Posted by beesmiff07 (Post 700166)
you dont think it will fall into me protecting my family from what i think is an intruder

Depends on the state laws. I can't pull a weapon on someone entering my house without probable cause (they have to have a weapon also)

Asphalt~86 01-30-2013 06:55 PM

Quote:

Originally Posted by bakerr6 (Post 700317)
Depends on the state laws. I can't pull a weapon on someone entering my house without probable cause (they have to have a weapon also)

This.

They came in for a house showing with no intentions of causing harm. You went down stairs with a machete with intent to cause harm if provoked.

beesmiff07 01-30-2013 07:02 PM

Quote:

Originally Posted by Asphalt~86 (Post 700341)
This.

They came in for a house showing with no intentions of causing harm. You went down stairs with a machete with intent to cause harm if provoked.

I think the statment can be challenged...thats what lawyers are for...Im just wanting to know if it would even be worth the time to make a big deal bout it.

ichitaka05 01-30-2013 07:14 PM

I wish, I could say you have a case... but like Asphalt has stated, it'll cost you more for fees in court costs and hiring an attorney than what it is worth.

BUT if you feel it's worth your time & money, we won't stop you.

These kind of cases, I'm glad, I live in house

beesmiff07 01-30-2013 07:18 PM

Quote:

Originally Posted by ichitaka05 (Post 700379)
I wish, I could say you have a case... but like Asphalt has stated, it'll cost you more for fees in court costs and hiring an attorney than what it is worth.

BUT if you feel it's worth your time & money, we won't stop you.

These kind of cases, I'm glad, I live in house


I know....sucks

Dave-ROR 01-30-2013 07:40 PM

Quote:

Originally Posted by bakerr6 (Post 700317)
Depends on the state laws. I can't pull a weapon on someone entering my house without probable cause (they have to have a weapon also)

He didn't do anything. There are no laws against carrying a machete around your house. You have to actually do something to get charged with assault. Being prepared for an armed intruder by approaching someone who you believe (reasonably) is an intruder with a weapon isn't assault. If on the other hand he used the weapon, you'd have assault potentially. In Florida you'd be just fine. It's really easy to claim that you felt your life was being threatened when you wake up to your alarm going off and unknown people in your house.. Stand your ground law FTW IMO.

Not worth going after breach of contract IMO even though they did violate their own contract.

Calum 01-30-2013 07:51 PM

It was a misunderstanding. No harm came of it. Live and let live.

beesmiff07 01-30-2013 07:58 PM

Quote:

Originally Posted by Calum (Post 700472)
It was a misunderstanding. No harm came of it. Live and let live.

I wouldnt say a miss understanding...our cars were in the assigned parking spots...she didnt even think to give us a call to let us know she was outside...I felt like it was them being greedy and trying to rush to get the house sold so they wont lose money if it wasnt sold by the time that we left....and you cant argue that she didnt know because we have assigned parking spots....It was very unprofessional...and the nerve to ask to still show the house....getting upset all over again

Hardrock4445 01-30-2013 07:59 PM

Quote:

Originally Posted by GTB/ZR-1 (Post 700119)
Lawsuit? Over that? Really?

This.


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