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Old 09-17-2008, 11:50 PM
 
2,589 posts, read 8,639,150 times
Reputation: 2644

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Quote:
Originally Posted by mlwg1 View Post
The OP is not an idiot. Just young and naive, but wiser now I'm sure.

It doesn't seem right that he should get to keep the entire $1500.

This problem is certainly beyond my scope, but many educational institutions offer free legal counseling through law students. Try doing some research to see if there is a way you can get legal advice through a college or university law clinic in the L.A area.

yes, he's an idiot. don't try to sugarcoat it, as it will do him no good, and allow him to believe that he bears no fault in this situation. he handed over cash with no contract and no receipt. a "sublease" is a LEASE. a lease is CONTRACT. a contract for the transfer of real property should be IN WRITING. he has no contract, no receipt, and no money. what do you call that? i call it a gift.

i did a lot of idiotic **** when i was his age. why shouldn't i offer the benefit of my experience, because it doesn't sound "nice"?
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Old 09-17-2008, 11:55 PM
 
Location: Miracle Mile, Los Angeles CA
9 posts, read 18,796 times
Reputation: 13
Quote:
Originally Posted by amc760 View Post
The fact that it was done in a verbal agreement limits his/her options.
Theres not really any proof that the transaction happened other than the paypal exchange. I dont think thats much to go on.
From what I read online, verbal agreements are binding if they concern 1) services you will perform or 2) what you will receive in an exchange.

They're not binding if they involve:
-Agreements to sell tangible property, such as a computer or car, worth more than $500
-Agreements regarding the sale of real estate
-Agreements that can’t realistically be completed in less than one year, such as a project with three six-month deliverables
-Agreements that someone else will pay you, such as when someone who does not have authority to speak for the company promises that the company will pay you
-Any transfer of copyright ownership

This situation involves the rental of real estate, not sale. But it also kind of involves the exchange of services in a way; the service of holding the apartment. But the OP never got the apartment, so I dunno. It's complicated. I figure for 1500 bucks it's worth a shot.

However, I do agree that threatening to call the cops might spook him into giving some of the money back. Or not. Good luck.
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Old 09-17-2008, 11:56 PM
 
32 posts, read 257,767 times
Reputation: 61
Quote:
Originally Posted by katenik View Post
yes, he's an idiot. don't try to sugarcoat it, as it will do him no good, and allow him to believe that he bears no fault in this situation. he handed over cash with no contract and no receipt. a "sublease" is a LEASE. a lease is CONTRACT. a contract for the transfer of real property should be IN WRITING. he has no lease, no receipt, and no money. what do you call that? i call it a gift.

i did a lot of idiotic **** when i was his age. why shouldn't i offer the benefit of my experience, because it doesn't sound "nice"?
ok calm down katenik and I'm a girl by the way.
I have been exchanging emails with him and I told him my uncle is a lawyer in California (which is true, I'll probably ask him about it tomorrow) and now the guy is saying he will give me the money back but keep what the rent would be for the rest of this month. So he will keep $900 and give me $600 back. I still don't think this is fair.
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Old 09-17-2008, 11:59 PM
 
Location: Burbank
1,203 posts, read 4,419,160 times
Reputation: 437
Quote:
Originally Posted by unlvstudent View Post
ok calm down katenik and I'm a girl by the way.
I have been exchanging emails with him and I told him my uncle is a lawyer in California (which is true, I'll probably ask him about it tomorrow) and now the guy is saying he will give me the money back but keep what the rent would be for the rest of this month. So he will keep $900 and give me $600 back. I still don't think this is fair.
If you have family that is a lawyer, go after it all.
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Old 09-18-2008, 12:02 AM
 
2,589 posts, read 8,639,150 times
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Quote:
Originally Posted by unlvstudent View Post
I paid him through paypal so there is proof on there
proof that you paid him, but for what? sexual favors, spanish lessons, a plagiarized term paper, repayment of a personal loan? see the problem?
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Old 09-18-2008, 12:03 AM
 
32 posts, read 257,767 times
Reputation: 61
Quote:
Originally Posted by KnoxTown View Post
If you have family that is a lawyer, go after it all.
I really don't want to go to court over it but I guess I could threaten him with it. Since he is leaving for his home country in a few days I doubt he wants to deal with court. I know I was stupid giving the deposit like that and will never do it again. He probably thought I was some stupid young girl and he could just keep my money.
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Old 09-18-2008, 12:04 AM
 
32 posts, read 257,767 times
Reputation: 61
Quote:
Originally Posted by katenik View Post
proof that you paid him, but for what? sexual favors, spanish lessons, a plagiarized term paper, repayment of a personal loan? see the problem?
I have all the emails saved with us talking about paying on paypal and the transaction. I doubt that's proof enough but it's all I have.
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Old 09-18-2008, 12:04 AM
 
2,589 posts, read 8,639,150 times
Reputation: 2644
Quote:
Originally Posted by unlvstudent View Post
ok calm down katenik and I'm a girl by the way.
I have been exchanging emails with him and I told him my uncle is a lawyer in California (which is true, I'll probably ask him about it tomorrow) and now the guy is saying he will give me the money back but keep what the rent would be for the rest of this month. So he will keep $900 and give me $600 back. I still don't think this is fair.
you uncle, the lawyer, will be only too happy to tell you that the law has nothing to to do with "fair" in the way that most laymen understand that term. if he says otherwise, he should request a refund from his law school.
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Old 09-18-2008, 12:05 AM
 
Location: Burbank
1,203 posts, read 4,419,160 times
Reputation: 437
Quote:
Originally Posted by unlvstudent View Post
I really don't want to go to court over it but I guess I could threaten him with it. Since he is leaving for his home country in a few days I doubt he wants to deal with court. I know I was stupid giving the deposit like that and will never do it again. He probably thought I was some stupid young girl and he could just keep my money.
Doubt it would make it to court. Have your uncle write him a letter (registered mail), and simply explain everything. He knows the law and can put it in legal terms. I bet you he gets scared and pays you back.
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Old 09-18-2008, 12:08 AM
 
2,589 posts, read 8,639,150 times
Reputation: 2644
Quote:
Originally Posted by unlvstudent View Post
I have all the emails saved with us talking about paying on paypal and the transaction. I doubt that's proof enough but it's all I have.
i hope you have a positive outcome, but you didn't exercise the best judgment, and you should take this as an object lesson.
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