at what point is it false advertising? UPDATE: Owner threatening to sue me. - Page 2 - The DIS Discussion Forums

connorlevismom · 10-24-2012, 10:55 AM

Quote:

Originally Posted by jensen

Did the listing say that games were included? I wouldn't have expected them to provide games. I'm sure there is a redbox or other cheap game rental place nearby that you can pick some up if you didn't bring any from home.

I agree it's unfortunate that they didn't replace the grill. But, I think a $240 refund is high. Maybe $50-$100. Isn't there a stove in the kitchen that you can cook your meat on?

I would assume that if a game system is in the home, it has games. We rented 3 other homes and they all had game systems with games. If there are not games, it should be listed on the website and I would not have rented from them because I should not have to pay to rent games.

robinb · 10-24-2012, 10:58 AM

Quote:

Originally Posted by jensen

Did the listing say that games were included? I wouldn't have expected them to provide games. I'm sure there is a redbox or other cheap game rental place nearby that you can pick some up if you didn't bring any from home.

I agree it's unfortunate that they didn't replace the grill. But, I think a $240 refund is high. Maybe $50-$100. Isn't there a stove in the kitchen that you can cook your meat on?

I also think that $240 is too high, but it is a good place to start negotiations and settle for $100-$150.

connorlevismom · 10-24-2012, 11:00 AM

Here is my response from the owner.

The BBQ was an included extra, not charged for separately, and it was removed as it was old and unusable.

The games were removed by a previous guest over which I have no control. These also would have been a free inclusion had they not been stolen.

I'm not sure why you are telling me about another mgmt co and how quickly they responded to an issue such as pool heat not being switched on which would have been charged for as an extra and therefore needed immediate attention plus turning on given it can take up to 48 hrs for a pool to heat properly and should have been on for the morning of your arrival.

I am still not happy that hair & nail clippings were found in the master bath as I am 100% certain they were not there when we left + I had laundered the mats and anything undesirable would have washed out, but I am just glad there were no bugs, contrary to your initial report.

As far as we are concerned there is no refund as there is no reason for one. Had you paid for a BBQ and it had not been provided then I would refund the amount paid, same with the games. The cleaner came out on Monday morning to deal with the bathroom, that was the earliest she could come out.

I am just going to write her back and tell her that is fine, but expect to see negative reports from me about her home. She pretty much called me a liar (as there WERE bugs, but they were so gross that I spent an hour cleaning the house before I got fed up). We checked in on Saturday and I had to wai until MONDAY for someone to come out and clean. And they did not really clean. They came in with a broom and sweeped the bathroom floor and that was it. And don't tell me that you laundered the mats in the bathroom and you are 100% certain that there was no hair on them. I KNOW what pubic hair looks like and it was all over those rugs!

lost*in*cyberspace · 10-24-2012, 11:09 AM

Sounds as if you have rented from a bad owner. If there are any online sites where you can review this property, I would be leaving some bad reviews. This woman really needs to work on her people skills.

connorlevismom · 10-24-2012, 11:20 AM

Quote:

Originally Posted by lost*in*cyberspace

Sounds as if you have rented from a bad owner. If there are any online sites where you can review this property, I would be leaving some bad reviews. This woman really needs to work on her people skills.

Yes - they advertise on a lot of sites and I will be leaving negative reviews. In my quote from her it listed the price and that the price included tax/wifi/phone calls and use of a BBQ. I will that no matter if I paid extra for it or not, you quote that it would be there and it was not.

connorlevismom · 10-24-2012, 11:49 AM

GET THIS! She threatened to SUE ME if I write a bad review. Here is her threat: Should I find any negative comments anywhere re our house from you or anyone associated with you I will put it straight into the hands of our US business attorney as this is called liable in the UK and is completely unfounded.

robinb · 10-24-2012, 12:08 PM

Quote:

Originally Posted by connorlevismom

GET THIS! She threatened to SUE ME if I write a bad review. Here is her threat: Should I find any negative comments anywhere re our house from you or anyone associated with you I will put it straight into the hands of our US business attorney as this is called liable in the UK and is completely unfounded.

Ha, ha, ha, ha, ha, ha ... what a card

! Tell her that her rental home is in the US and we have this whole "freedom of speech" thing here. Heck, I would be tempted to include her threat in the review if I could do it and not look crazy myself.

Gr8t Fan · 10-24-2012, 12:09 PM

Quote:

Originally Posted by connorlevismom

GET THIS! She threatened to SUE ME if I write a bad review. Here is her threat: Should I find any negative comments anywhere re our house from you or anyone associated with you I will put it straight into the hands of our US business attorney as this is called liable in the UK and is completely unfounded.

It's "libel" not "liable" and I wouldn't let her scare you away. Just wondering, is she still advertising the use of a BBQ grill?

Gina-Gina-Bo-Bina · 10-24-2012, 12:13 PM

Did you happen to take any photos of the issues you encountered? (hair, nail clippings, bugs, etc.).

Because I'm kind of nitpicky when it comes to spelling and grammar (despite what my occasional typos would suggest

), I would also mention to her that the legal term she is trying to cite is LIBEL, not LIABLE, which have totally different meanings

.

http://www.cyberlibel.com/libel.html

connorlevismom · 10-24-2012, 12:13 PM

Quote:

Originally Posted by robinb

Ha, ha, ha, ha, ha, ha ... what a card

! Tell her that her rental home is in the US and we have this whole "freedom of speech" thing here. Heck, I would be tempted to include her threat in the review if I could do it and not look crazy myself.

That is pretty much what I said. I told her that I have every right to post my experience and that is is called freedom of speech here in the USA. That I intend to write the truth of our experience and that is a right.

Quote:

Originally Posted by Gr8t Fan

It's "libel" not "liable" and I wouldn't let her scare you away. Just wondering, is she still advertising the use of a BBQ grill?

The BBQ is in pictures on the website and also in her quote that she gave me when I booked the home.

I have copies of all her emails back to me telling me pretty much, to bad for you. And copies of every page on her web page so she cannot go and change them and act like they were never there.

I have no intention of writing anything but the truth, but I DO NOT appreciate being threatened.

Gina-Gina-Bo-Bina · 10-24-2012, 12:13 PM

Quote:

Originally Posted by Gr8t Fan

It's "libel" not "liable" and I wouldn't let her scare you away. Just wondering, is she still advertising the use of a BBQ grill?

lol, must have been typing responses at the same time

robinb · 10-24-2012, 12:20 PM

Quote:

Originally Posted by Gina-Gina-Bo-Bina

I would also mention to her that the legal term she is trying to cite is LIBEL, not LIABLE, which have totally different meanings

.

As in: "You are liable to be disappointed when your threat of libel is not taken seriously."

Gina-Gina-Bo-Bina · 10-24-2012, 12:23 PM

Quote:

Originally Posted by robinb

As in: "You are liable to be disappointed when your threat of libel is not taken seriously."

Amen, sister!

Thumper_Man · 10-24-2012, 12:24 PM

Most states have some sort of Consumer Division you can file a complaint with. Usually within the Attorney General's Office. Since the house is in Florida, you may first want to contact the office over there.

If the use of the grill, gaming systems and games were in the original contract, then it's a violation of the contract on her part. You may be entitled to some sort of restitution this way, but it may be very little if any.

Save any and all emails, and submit them along with your complaint. Make them aware she is threatening to sue in retaliation of negative feedback.

jensen · 10-24-2012, 01:03 PM

Quote:

Originally Posted by robinb

Ha, ha, ha, ha, ha, ha ... what a card

! Tell her that her rental home is in the US and we have this whole "freedom of speech" thing here. Heck, I would be tempted to include her threat in the review if I could do it and not look crazy myself.

Freedom of speech does not preclude you from being sued for libel. If you post something online that you have no proof of, then you could be held liable for false statements.

So far, the only thing she's told us about that can be proven is that there was no grill. If she has photographs of bugs, nail clippings and hair, then she can be comfortable posting those. If not, then tread lightly...

If I were this renter, I'd drop this and move on.

10-24-2012, 12:13 PM	#24
Gina-Gina-Bo-Bina DIS Veteran Join Date: Sep 2008 Location: Canada, Eh! Posts: 3,428	Did you happen to take any photos of the issues you encountered? (hair, nail clippings, bugs, etc.). Because I'm kind of nitpicky when it comes to spelling and grammar (despite what my occasional typos would suggest ), I would also mention to her that the legal term she is trying to cite is LIBEL, not LIABLE, which have totally different meanings . http://www.cyberlibel.com/libel.html __________________ (Gina) (Steve) (Jake -17) Jan. 2009....onsite at POR: all 4 Disney Parks Jan. 2012....offsite on I-Drive: Universal Studios, IOA, SeaWorld, & Discovery Cove Aug. 2012...Westgate Lakes Resort & Spa: Aquatica, Discovery Cove, and more Christmas Week 2012...onsite at SW! SeaWorld, Aquatica, Gatorland, airboats, & holiday fun Follow My Christmas 2012 Trip Report! http://www.disboards.com/showthread.php?t=3041415

10-24-2012, 12:24 PM	#29
Thumper_Man DDC 684 Do we go left or to the second start on the right, straight on til morning? Join Date: Jul 2009 Location: New Mexico Posts: 5,628	Most states have some sort of Consumer Division you can file a complaint with. Usually within the Attorney General's Office. Since the house is in Florida, you may first want to contact the office over there. If the use of the grill, gaming systems and games were in the original contract, then it's a violation of the contract on her part. You may be entitled to some sort of restitution this way, but it may be very little if any. Save any and all emails, and submit them along with your complaint. Make them aware she is threatening to sue in retaliation of negative feedback. __________________ First Ever TR: Thumping Our Way Through Disneyland WDW: July 2006, Oct. 2010, Dec. 2012 DL: Aug. 2012, Oct. 2013

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10-24-2012, 11:00 AM	#18
connorlevismom DIS Veteran Join Date: Dec 2005 Location: Minnesota Posts: 3,680	Here is my response from the owner. The BBQ was an included extra, not charged for separately, and it was removed as it was old and unusable. The games were removed by a previous guest over which I have no control. These also would have been a free inclusion had they not been stolen. I'm not sure why you are telling me about another mgmt co and how quickly they responded to an issue such as pool heat not being switched on which would have been charged for as an extra and therefore needed immediate attention plus turning on given it can take up to 48 hrs for a pool to heat properly and should have been on for the morning of your arrival. I am still not happy that hair & nail clippings were found in the master bath as I am 100% certain they were not there when we left + I had laundered the mats and anything undesirable would have washed out, but I am just glad there were no bugs, contrary to your initial report. As far as we are concerned there is no refund as there is no reason for one. Had you paid for a BBQ and it had not been provided then I would refund the amount paid, same with the games. The cleaner came out on Monday morning to deal with the bathroom, that was the earliest she could come out. I am just going to write her back and tell her that is fine, but expect to see negative reports from me about her home. She pretty much called me a liar (as there WERE bugs, but they were so gross that I spent an hour cleaning the house before I got fed up). We checked in on Saturday and I had to wai until MONDAY for someone to come out and clean. And they did not really clean. They came in with a broom and sweeped the bathroom floor and that was it. And don't tell me that you laundered the mats in the bathroom and you are 100% certain that there was no hair on them. I KNOW what pubic hair looks like and it was all over those rugs!

10-24-2012, 11:09 AM	#19
lostincyberspace DIS Veteran Join Date: Dec 2005 Location: Washington, DC area Posts: 6,267	Sounds as if you have rented from a bad owner. If there are any online sites where you can review this property, I would be leaving some bad reviews. This woman really needs to work on her people skills.

10-24-2012, 11:49 AM	#21
connorlevismom DIS Veteran Join Date: Dec 2005 Location: Minnesota Posts: 3,680	GET THIS! She threatened to SUE ME if I write a bad review. Here is her threat: Should I find any negative comments anywhere re our house from you or anyone associated with you I will put it straight into the hands of our US business attorney as this is called liable in the UK and is completely unfounded.