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

[Senator Tressel]

The libel suit is an empty threat. Can they sue you for libel? Yes. Would they win that suit? No. It's not going to happen.

 

[connorlevismom]

review posted:

http://disboards.com/showthread.php?t=3012949

 

[mikehn]

I dont see anything wrong with your review. I'd post it on tripadvisor and anywhere else you can post about Windsor hills vacation rentals.

 

[BonnieP]

My husband and I have rented pool homes for the last 5 years. If an owner advertises a grill, there better be one! We usually stay longer than a week and tend to grill out quite a bit.

A house we rented in Sunset Lakes had a grill that was out of propane, so we alerted the owner via email and we exchanged it at the WalMart on Rt.27 . There was a check waiting for us when we returned home for the amount of the propane. We did not mind doing that.

I checked the house you rented on HomeAway.co.uk and it still lists a grill... The last review was July/2011-not very recent. I would not hesitate leaving a review. I always look for rentals with reviews.

Sorry for your experience... Hope your future rentals work out !

 

[chocolatemint]

The libel suit is an empty threat. Can they sue you for libel? Yes. Would they win that suit? No. It's not going to happen.

This is absolutely true.

She sounds nuts, to be honest. I'd plaster my reviews ALL OVER THE PLACE. REPEATEDLY.

Not for myself, but to protect all the innocent renters in the future from suffering from her deceptions.

 

[connorlevismom]

This is absolutely true.

She sounds nuts, to be honest. I'd plaster my reviews ALL OVER THE PLACE. REPEATEDLY.

Not for myself, but to protect all the innocent renters in the future from suffering from her deceptions.

I need to be careful to report on anything that I cannot prove. Like the cleanliness, I did not take any pictures. I did think about posting that she threatened to sue me if I posted a negative review, because I do have an email from her that states exactly that. Can I get in trouble for something like that since I can actually prove it?

 

[chocolatemint]

I need to be careful to report on anything that I cannot prove. Like the cleanliness, I did not take any pictures. I did think about posting that she threatened to sue me if I posted a negative review, because I do have an email from her that states exactly that. Can I get in trouble for something like that since I can actually prove it?

No, she can't sue you for telling the truth. She's only throwing that out to try and intimidate you. If she tried that with me I'd laugh in her face and tell her to go right ahead!

Libel suits are rarely successful because of the immense difficulty in proving them. She'd have to prove that you lied AND prove that it caused actual harm to her - she'd have to show a direct correlation. How can she prove that someone didn't rent from her because they read your bad review? Will she personally interrogate everyone who visits TripAdvisor?

There's no way she's going to spend thousands on a case that any atty would tell her will be tossed out, especially if she's too greedy to refund you a measly $50. She's in the UK, too, which adds another dimension of complexity.

Don't let her bully you. Seriously.

Edited to add:

Think about how many bad reviews of all sorts of things there are floating around the web. No one has to "prove" anything. Are you required to "prove" that Olive Garden forgot your breadsticks and knocked over your water, or you will get sued by them?

If major corporations with limitless legal counsel on retainer aren't winning libel suits against Joe Smith for saying their soda was nasty, Crazy Lady isn't going to sue and win against you.

 

[connorlevismom]

No, she can't sue you for telling the truth. She's only throwing that out to try and intimidate you. If she tried that with me I'd laugh in her face and tell her to go right ahead!

Libel suits are rarely successful because of the immense difficulty in proving them. She'd have to prove that you lied AND prove that it caused actual harm to her - she'd have to show a direct correlation. How can she prove that someone didn't rent from her because they read your bad review? Will she personally interrogate everyone who visits TripAdvisor?

There's no way she's going to spend thousands on a case that any atty would tell her will be tossed out, especially if she's too greedy to refund you a measly $50. She's in the UK, too, which adds another dimension of complexity.

Don't let her bully you. Seriously.

Edited to add:

Think about how many bad reviews of all sorts of things there are floating around the web. No one has to "prove" anything. Are you required to "prove" that Olive Garden forgot your breadsticks and knocked over your water, or you will get sued by them?

If major corporations with limitless legal counsel on retainer aren't winning libel suits against Joe Smith for saying their soda was nasty, Crazy Lady isn't going to sue and win against you.

You're absolutely right and I did add more detail to my review.

 

[connorlevismom]

Looks like the owner has posted a bunch of reviews from her "guest book" today onto her Homeaway listing. She still is listing that it has a gas grill though and there is still a picture that has the grill in it.

http://www.homeaway.com/vacation-rental/p174437#reviews

 

[robinb]

Looks like the owner has posted a bunch of reviews from her "guest book" today onto her Homeaway listing. She still is listing that it has a gas grill though and there is still a picture that has the grill in it.

http://www.homeaway.com/vacation-rental/p174437#reviews

What the heck? I thought that she did that to bury your review, but yours isn't even there. What a maroon.

 

[DarthMama]

Truth is a defense to any libel claim. So, if you say something bad about someone, and it's true, they have no grounds to claim libel.

 

[connorlevismom]

Truth is a defense to any libel claim. So, if you say something bad about someone, and it's true, they have no grounds to claim libel.

I don't think she understands that. She still seems to not understand that when you tell someone in their quote for the house that it includes something, it has to be there. She tells me that because it was not an extra fee for it, that it does not matter if it was there or not. It was my fault for assuming it would be there. I don't know if it is because she is from the UK and does not understand the rules here, or what the deal is.

 

[connorlevismom]

What the heck? I thought that she did that to bury your review, but yours isn't even there. What a maroon.

And she clearly does not understand that reviews written by the owners mean nothing. They could write anything! If I saw an ad and it had 14 reviews and 10 of those 14 were written by the owner, NEXT!

 

[mrsklamc]

The only thing that gives me pause is that I am pretty sure when we've rented the contracts have said something like (only in formal language) "amenities subject to availability and if something breaks that's beyond our control and we will do our best to get it fixed but no refund will be given.

Someone said "Isn't there a stove?"...I'm sure there was but when we are planning on grilling, the stove isn't acceptable. Like if we brought things to make grilled burgers and then found out the only way to make burgers was fry them on the stove...yuck.

 

[connorlevismom]

The only thing that gives me pause is that I am pretty sure when we've rented the contracts have said something like (only in formal language) "amenities subject to availability and if something breaks that's beyond our control and we will do our best to get it fixed but no refund will be given.

Someone said "Isn't there a stove?"...I'm sure there was but when we are planning on grilling, the stove isn't acceptable. Like if we brought things to make grilled burgers and then found out the only way to make burgers was fry them on the stove...yuck.

They very well might be that in the contract. However, the contract that I signed was from her management company. Before our rental she changed management companies and never told me, nor did she make me fill out a new contract for the new company. I am not 100% certain, but I don't think that the old contract would hold up since she is no longer with that company. I am not sure though.

As for cooking bugers on the stove. I agree with you. Not only would they not taste good, it would stink up the house.

 

[mikat]

Looks like the owner is still advertising the BBQ - huge photo on this site of the grill by itself:
http://www.dwellable.com/h/35324/Fl...r-Hills/Dsnys-Retreat-on-Windsor-Hills-Resort

 

[connorlevismom]

Looks like the owner is still advertising the BBQ - huge photo on this site of the grill by itself:
http://www.dwellable.com/h/35324/Fl...r-Hills/Dsnys-Retreat-on-Windsor-Hills-Resort

That is just to bad. I mean, if you don't want the responsibility that comes with renting out your home, then don't do it. And certainly when there are issues, don't tell your customers they are lying and then threaten to sue them.

The more I think about her responses to me, the more I am just floored that she thought it was OK to be so absolutely rude. She very clearly is not someone who can admit they might be wrong about something. Not exactly the type of person that should go into business with dealing with the general public.

Like I said, I had a feeling she was difficult when I paid my final payment and she refused to give me my final paperwork proving that I had rented until SHE wanted to. I was not leaving until October and paid my final in July. I wanted something in my hands proving I had the reservation and it was paid in full. Not sure why she had to argue about that.

 

[AJ1983]

In this case, I would be upset about the grill, especially if I purchased food for the purpose of grilling.

However, I would not expect them to provide games for the gaming systems. I would assume that any kid would bring their favorite games along with them-I certainly wouldn't rely on the rental unit to have it...sort of like expecting to see current magazines in the doctor's office haha. Nor do I think the unit is obliged to provide them.

 

["Cinder" Ella's Mom]

In this case, I would be upset about the grill, especially if I purchased food for the purpose of grilling.

However, I would not expect them to provide games for the gaming systems. I would assume that any kid would bring their favorite games along with them-I certainly wouldn't rely on the rental unit to have it...sort of like expecting to see current magazines in the doctor's office haha. Nor do I think the unit is obliged to provide them.

That makes no sense. There are so many different game systems these days. To assume any renter would have their own games to bring and match whatever system a rental had is not logical. Every house I have ever rented at Windsor Hills has supplied games with the system.

 

[AJ1983]

[QUOTE="Cinder" Ella's Mom;46558212]That makes no sense. There are so many different game systems these days. To assume any renter would have their own games to bring and match whatever system a rental had is not logical. Every house I have ever rented at Windsor Hills has supplied games with the system.[/QUOTE]

I hadn't considered that certain game systems might be a novelty for some children. I was thinking strictly in terms of the kid who can't go a day without playing their favorite xbox game...so I just assumed they would have and bring their own. My mistake