1. Follow the DIS on Instagram! www.instagram.com/the.dis

at what point is it false advertising? UPDATE: Owner threatening to sue me.

Discussion in 'Orlando Hotels and Attractions' started by connorlevismom, Oct 15, 2012.

  1. connorlevismom

    connorlevismom DIS Veteran

    Joined:
    Dec 31, 2005
    Messages:
    3,788
    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.
     
  2. Avatar

    Google AdSense Guest Advertisement


    to hide this advert.
  3. robinb

    robinb DIS Veteran

    Joined:
    Aug 29, 1999
    Messages:
    31,488
    Ha, ha, ha, ha, ha, ha ... what a card :lmao:! 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.
     
  4. Gr8t Fan

    Gr8t Fan DIS Veteran

    Joined:
    Jul 7, 2009
    Messages:
    1,512
    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?
     
  5. Gina-Gina-Bo-Bina

    Gina-Gina-Bo-Bina DIS Veteran

    Joined:
    Sep 12, 2008
    Messages:
    7,541
    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 :rotfl2:), I would also mention to her that the legal term she is trying to cite is LIBEL, not LIABLE, which have totally different meanings :rolleyes1 .

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

    connorlevismom DIS Veteran

    Joined:
    Dec 31, 2005
    Messages:
    3,788
    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.

    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.
     
  7. Gina-Gina-Bo-Bina

    Gina-Gina-Bo-Bina DIS Veteran

    Joined:
    Sep 12, 2008
    Messages:
    7,541
    lol, must have been typing responses at the same time :rotfl:
     
  8. robinb

    robinb DIS Veteran

    Joined:
    Aug 29, 1999
    Messages:
    31,488
    As in: "You are liable to be disappointed when your threat of libel is not taken seriously."
     
  9. Gina-Gina-Bo-Bina

    Gina-Gina-Bo-Bina DIS Veteran

    Joined:
    Sep 12, 2008
    Messages:
    7,541
    Amen, sister! :thumbsup2 :rotfl:
     
  10. Thumper_Man

    Thumper_Man DDC 684

    Joined:
    Jul 30, 2009
    Messages:
    6,491
    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.
     
  11. jensen

    jensen DIS Veteran

    Joined:
    Dec 30, 2005
    Messages:
    1,340
    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.
     
  12. connorlevismom

    connorlevismom DIS Veteran

    Joined:
    Dec 31, 2005
    Messages:
    3,788
    As a renter, I would want to know if the gaming systems had no games, and there was no grill and it was dirty. Why is I not OK to write this in a review? It is not like I am going to go all crazy talking about the owner, but if I were someone looking for a house, this would help me make a decision.

    I don't think it is fair that you can threaten a renter to sue them if they post their experience. People who experience things (good or bad) should be able to write about them. In that same area - I could actually write that the owner threatened to sue me if I wrote a negative review, because I have written proof that she did.
     
  13. jensen

    jensen DIS Veteran

    Joined:
    Dec 30, 2005
    Messages:
    1,340
    Absolutely! I am a frequent reviewer on TripAdvisor and other forums. And if I have a bad experience, I'm not afraid to write about it.

    But, the communication between you and the owner (that you've posted here) indicates that she believes you are making false claims in regard to the bugs, nail clippings and hair. So, if you are going to make specific claims about things like that, you might want to back them up with photographic proof.

    A general statement about things not being as clean as you'd expect or up to your personal cleanliness standards would not be libel. It's all in how you present it.
     
  14. connorlevismom

    connorlevismom DIS Veteran

    Joined:
    Dec 31, 2005
    Messages:
    3,788
    I understand now what you were saying. I am more about writing about the missing grill and the games that are not there for the gaming systems. As a parent, I would want to know that if I was renting a home. I would not have booked the home if I saw this and all the other homes I was looking at did have games.
     
  15. jensen

    jensen DIS Veteran

    Joined:
    Dec 30, 2005
    Messages:
    1,340
    I'll also say that as a person who relies heavily on travel review sites to make decisions, I very much appreciate negative reviews. In fact, I always sort the reviews so I can see the bad things that people are saying and don't always read the good reviews. I figure if I can live with the bad things, then I'll be happy with the good things.

    That said, after you read a few bad reviews, you can always tell the ones who wrote out of real concern to share their experience and those who are just complainers.

    Thank you for caring enough to share your experience and help others make their vacations magical!
     
  16. "Cinder" Ella's Mom

    "Cinder" Ella's Mom DIS Veteran

    Joined:
    Sep 26, 2006
    Messages:
    1,548
    It is a private owner? Are they managed by a management company? Perhaps you would like to give us the address of the property so we know to avoid it. Why advertise that you have a game system if there are no games? Ridiculous.
     
  17. connorlevismom

    connorlevismom DIS Veteran

    Joined:
    Dec 31, 2005
    Messages:
    3,788
    [QUOTE="Cinder" Ella's Mom;46536775]It is a private owner? Are they managed by a management company? Perhaps you would like to give us the address of the property so we know to avoid it. Why advertise that you have a game system if there are no games? Ridiculous.[/QUOTE]

    It is DSNYS Retreat in Windsor Hills. A 5 bedroom/5 bath home. I will do a review on the review board here as well so people who are not reading this thread can see it.

    I had some reservations about this owner when I paid the final payment and she refused to give me my paperwork until 2 weeks prior to departure. I paid the final payment in July and we did not leave until October. I asked her several times for the paperwork proving that I had access to the home and all my documentation and was told no several times. That is when a red flag went up for me. Little did I know how absolutely rude she would be while dealing with her on issues. She also switched management compaines from the time I rented and the time of my arrival and changed her email address without ever informing me about it. Not a big deal to some, but I researched mgt. companies to know which ones had clean homes and she had Magical Vacation Homes as hers when I booked. Then it had been switched to someone I have never heard of.

    I rented 3 other homes in WH at the exact same time and had no issues at all with these home owners.
     
  18. "Cinder" Ella's Mom

    "Cinder" Ella's Mom DIS Veteran

    Joined:
    Sep 26, 2006
    Messages:
    1,548

    I looked it up and on some sites it even has a picture of a really nice gas grill on the lanai! Here is the description (it was on several of the sites advertising this house):Private Gas Barbecue,


    That really is not the way to gain business.
     
  19. connorlevismom

    connorlevismom DIS Veteran

    Joined:
    Dec 31, 2005
    Messages:
    3,788
    That is interesting because the owner told me that she had removed all advertising of the BBQ on all websites that she advertises on. I guess that too, was not the truth. And yes, there are pictures of a really nice grill on her webpage and it was also included in my quote for my rental. She is now telling me that I should not have expected it because I did not pay extra to have it there, though they got rid of the grill and decided not to replace it with another one. Here is what she said in her email: I have looked at all the sites we advertise on and no games were or are advertised, I also took the BBQ off some time ago even though we only removed the item itself whilst we were there.
     
  20. Friendly Frog

    Friendly Frog DIS veteran with a mouse on her back.

    Joined:
    Jul 31, 2005
    Messages:
    1,572
    I wonder if the management company might have dropped her due to too many complaints?

    Be sure to print off her ad showing the grill and games as included in the price and keep that with your copy of the contract.

    IMO the owner should have apologized for the missing items and attempted to rent for you, or replace, the missing items. If that was not possible she should have attempted to comp you an amount equal to the cost of renting the missing items for the duration of your stay and immediately corrected her ad. I think if she has still not corrected her ad, this only adds to your credibility that she is trying to deceive renters on the amenities in her home. Keep track of how long the incorrect ad stays up. Did she say how long ago she removed the grill? I can see how games might go missing at the last moment and would not blame her too much, ( maybe give you a 25.00 or 30.00 credit for game rental) but the grill has no excuses!

    I know that the owners of rental property probably get people trying to scam them all the time, but I can't believe anyone would risk bad reviews over a hundred dollars, especially when they admit the items listed in their ad were not in the house! (That decision alone would make me want to run from renting from this owner.) :scratchin

    I also wouldn't tell her where you post negative reviews, if she whats to find them, let HER do the research. I would not let her intimidate you as long as you can prove what you are saying. If you do, then the bad property owners win, and renters and good property owners loose.
     
  21. spiceycat

    spiceycat <font color=blue>Own at BWV, VWL and BLT<br><font

    Joined:
    Oct 26, 2000
    Messages:
    36,701
    boy some people have alot of nerve.

    so sorry you are going thru this. next time remember to take pictures even a phone cam pictures would work.
     

Share This Page