Otter has a problem...

chickenista · #1 08/25/09, 12:31 PM

Otter is here and she has a problem... my keyboard bothers her..ergonomics you know.. so I type for her.
She has a trailer that she had up for sale for $5,000.
A man offered her $2,000-$400 down and $200 a month.
She refused.
He finagled the key from Otter's sister and just moved in.
He is threatening to sue her for the repairs he has done.
He will not leave.
Magistrate cannot/will not interfere.
Says it is a police problem. Police can't won't do anything because they consider the email of the offer to buy as a landlord/tenant contract.

What can she do to remove this guy?

fishhead · #2 08/25/09, 12:44 PM

It's not a contract unless she agrees to the terms and her agreement probably has to be in writing.

This sounds really strange to me.

MN Gardener · #3 08/25/09, 12:48 PM

It is not a contract....did he ever give her money? Go ahead and let him sue....Otter will win! I would go into the house put all that person's beloinging in the garage and change the locks.

uyk7 · #4 08/25/09, 12:49 PM

Any "shady" relatives or friends around? Wait until the guy goes to the store and then move his stuff out to the road; padlock the doors. Have friends/relatives around when he returns.

.

TexasArtist · #5 08/25/09, 12:52 PM

if there is nothing 'signed' then how can it be a contract? Also does he have proof he did these repairs?!? What state is this happening in? Sounds like lazy police to me and yes you can go a step up from them

MaggieJ · #6 08/25/09, 12:52 PM

Quote:

Originally Posted by chickenista

Police can't won't do anything because they consider the email of the offer to buy as a landlord/tenant contract.

This does not make sense. Anyone can make an offer to buy, but unless the owner agrees there can be no contract. I would suggest that talking to a different (higher up) police official might result in a different answer. Hope so! Otter has enough to deal with without this kind of nonsense.

jbowyer01 · #7 08/25/09, 12:52 PM

I cant see how its a binding contract when she didnt accept the offer. I agree with uyk7!

Tracy Rimmer · #8 08/25/09, 12:52 PM

For a contract to be valid, both parties must agree to it. It doesn't count as a contract if he sends her an email with an offer to buy, and then just moves in.

I'd be checking to see what the sister said to him.

Common Tator · #9 08/25/09, 12:54 PM

It's not a contract. The police are refusing to do their job.

7thswan · #10 08/25/09, 01:14 PM

Make it be known that the E-mail went to someone other than whom owned the Trailer, so no matter what the Cops say,there was no verbal contract. The problem is that the Key was given. Let him sue, don't be threatened by that crap. Call the State Police..

||Downhome|| · #11 08/25/09, 02:05 PM

sounds like she will have to file a complaint for eviction, in it she should address that he never gained legal tenancy and in fact is tresspassing,
there was a dialog for the purchase all though the offer was refused and there never have been any legal contracts signed by the parties.

She should all so ask he fufill the 5000 dollar purchase price in full or vacate the property she should also ask for any and all damages back rent,court costs ect. I would also ask the judge for a police escort to verify the condition of the property as the defendent may destroy it out of malice and you need to record the condition prior to his leaving.
then after all has went well I would have someone pay this dirt bag a visit.

by all rights the police should of removed him with out proof of him legaly being there. haveing a key or coming throught a unlocked door is still considered breaking and entering in many juristictions. she needs to be unemotional when dealing with any of these people in the system also and put the facts in a very clear and concise manner as well as having all her paper work in hand. I would even get a video camera and document the police for further action and you can legaly record your own two party conversations.

fordy · #12 08/25/09, 02:30 PM

Quote:

Originally Posted by chickenista

Otter is here and she has a problem... my keyboard bothers her..ergonomics you know.. so I type for her.
She has a trailer that she had up for sale for $5,000.
A man offered her $2,000-$400 down and $200 a month.
She refused.
He finagled the key from Otter's sister and just moved in.
He is threatening to sue her for the repairs he has done.
He will not leave.
Magistrate cannot/will not interfere.
Says it is a police problem. Police can't won't do anything because they consider the email of the offer to buy as a landlord/tenant contract.

What can she do to remove this guy?

.....................It's time for Guido's Moving Service ! If he can strongarm his way in then she should beable too move this Slob out ! Just wait till he leaves then throw his Stuff into the nearest dumpster . , fordy

ChristyACB · #13 08/25/09, 02:32 PM

That just makes no sense. If the police are correct, then Otter should email the cop that said it was a contract and make an offer to buy his house for 5 bucks. Then take it to him and ask him to leave his home asap since you have a contract.

It just doesn't make sense. The balancing argument is whether or not she actually accepted money. HE must show proof that he paid her in the form of a canceled check in her name or a receipt that she made for funds. That is fundamental or else people would just be stealing houses all over the place.

Harry Chickpea · #14 08/25/09, 02:39 PM

Trailer, huh? How much to move it to the next county, cash? Wait til the guy is gone, move the thing, and DON'T tell sister or anyone else where. Just say someone took it. Tell him you hope he had insurance.

chickenista · #15 08/25/09, 03:00 PM

See.. that was my thought. Move the trailer. She is here and the trailer is in Penn. Just find a place to move it to.
My fear on that is that the guy would sue her, but to what end?
And I agree that the cops are just not wanting to get in the middle of it all. No money changed hands at all... he just moved in and refuses to leave.
It is a shame that all of this is going on with Otter unsettled and on the road etc..
I am putting on my thinking cap. Keep the ideas coming.

You know.. bold people who have the guts to make a move like that guy can pretty much get away with it in this world.

Danaus29 · #16 08/25/09, 03:18 PM

Trailers have titles just like cars don't they? (ours does, not sure about PA law) If so and he has no title and no written and signed contract he is no better than a squatter and has no rights. Just move it and don't tell him. Sure he can sue but where would it get him? All she would have to do is file a counter suit for theft, vandalism, malicious tresspassing or some other charge.

TexasArtist · #17 08/25/09, 03:41 PM

well you might wanna check about how long someone can live somewhere, do a little work on the place, and then claim it as thiers legally. He might know about this and is looking for a free home.

Alice In TX/MO · #18 08/25/09, 03:48 PM

Call a lawyer.

7thswan · #19 08/25/09, 05:27 PM

Repairs? He better have receipts and pictures. For sure if It's a trailer-as in Camper type. Hook up to it and move it, who cares if he is inside. You could even take it to the cop shop. I mean he could have gotten the key anywhere-Right?

Pink_Carnation · #20 08/25/09, 06:06 PM

I would just say fine if you don't want to deal with it I will talk to the news stations and see what they can do to put the word out to warn other people about this problem and the inability to remove someone from personal property.

An offer of money doesn't make a sale and taking possesion after the offer was refused is theft. Making repairs on stolen property doesn't mean you should get them paid for by the person you stole from.