Slander?

[quincy]

You do if you're defending yourself in a slander case because you said he was a slumlord.

Slumlord is one of those tricky words that can be judged either opinion or defamation, depending on context and on how others who hear/read the comment react to it. In a heated argument between John and his neighbor, it can be viewed differently than if printed in an online review.

Either way, though, it is a word best avoided when referring to a landlord. Business reputations tend to be valuable and harming those reputations costly.

 

[Ohiogal]

John said he has a repair estimate from a body shop for $2000.

That does not mean it is worth $2k. So this:

A 1992 with 90k.Still in good condition.Used it for a work car.He didn't want to pay me because he"didn't want to buy that car"He has no interest in offering me any compensation and I haven't had any communication with him for 2 months.My only recourse is to take him to court.On Kelly Blue Book it list the price of my vehicle at $600-800 trade in value.I asked for $400.

The guy offered $400. OP hasn't taken it. And it may be worth less than that on the free market...

 

[quincy]

That does not mean it is worth $2k. So this:

The guy offered $400. OP hasn't taken it. And it may be worth less than that on the free market...

My understanding is that John wants $400 and the neighbor has AGREED to give him $400 IF a nondisparagement agreement is signed.

It is the nondisparagement agreement that is the stickler.

 

[Zigner]

OP wants $2,000 to repair a car that he estimates is only worth $800, but he'll accept $400. Furthermore, the OP wants to try to trash this person's reputation over what is, basically, a trivial matter.

 

[quincy]

OP wants $2,000 to repair a car that he estimates is only worth $800, but he'll accept $400. Furthermore, the OP wants to try to trash this person's reputation over what is, basically, a trivial matter.

From my understanding, John isn't expecting $2000. That is what it will cost to repair his car according to a body shop estimate.

John has agreed to accept $400 and the neighbor will give him $400 - but only in exchange for a signed promise to not publish derogatory comments about the neighbor.

Nondisparagement agreements can be enforceable in Missouri depending on how they are worded. Essentially a nondisparagement agreement is simply an agreement to not do what should probably not be done anyway. Publishing negative reviews can spawn lawsuits if not written carefully - and most people cannot write negative reviews carefully.

It seems to me that the neighbor's offer is not all that unreasonable, depending on the terms and wording of the nondisparagement agreement. The agreement does not really limit free speech rights any more than speech should be limited anyway according to the old "if you don't have anything nice to say it is best to say nothing at all."

In other words, nondisparagement agreements are grandmother approved.

 

[justalayman]

I don't have to prove he's a slumlord.I have to prove his dead tree smashed my vehicle.Him being a business owner with multiple lawsuits against him is his own fault

No. You have to prove he was aware the tree was a danger to your property and failed to take action to remove the danger. . If you can’t do that, you will not win.

 

[quincy]

No. You have to prove he was aware the tree was a danger to your property and failed to take action to remove the danger. . If you can’t do that, you will not win.

John noted that the tree was "dead for years." If true, it seems likely that the landlord was aware of the tree's condition and, therefore, could be held liable for any damage the tree causesd when it (inevitably) fell.

I am not disagreeing with what you said, by the way. I am simply saying that it might not be all that difficult to prove the tree was dead and visibly so, and, as such, a danger.

Dated photos of the tree over the years could be sufficient.

 

[justalayman]

John noted that the tree was "dead for years." If true, it seems likely that the landlord was aware of the tree's condition and, therefore, could be held liable for any damage the tree causesd when it (inevitably) fell.

I am not disagreeing with what you said, by the way. I am simply saying that it might not be all that difficult to prove the tree was dead and visibly so, and, as such, a danger.

Dated photos of the tree over the years could be sufficient.

It sounds like it’s a rental so it may be a harder argument to make than if the guy lives there.

Either way, to prevail op has to prove to a court’s satisfaction the guy knew it was a danger and failed to act. Then, if op prevails, all he has to do is collect on that judgment. Sometimes that is the hardest part.

 

[quincy]

It sounds like it’s a rental so it may be a harder argument to make than if the guy lives there.

Either way, to prevail op has to prove to a court’s satisfaction the guy knew it was a danger and failed to act. Then, if op prevails, all he has to do is collect on that judgment. Sometimes that is the hardest part.

I think John is probably best off taking the landlord's offered $400, signing the nondisparagement agreement, and calling it a day.

 

[HRZ]

I would be inclined to agree...accept the $400 and make NO comments about neighbor anyplace in any format and no cute comments under wife's name or pen name ..zippo ...call it a day as suggested ....

 

[quincy]

I would be inclined to agree...accept the $400 and make NO comments about neighbor anyplace in any format and no cute comments under wife's name or pen name ..zippo ...call it a day as suggested ....

A nondisparagement agreement cannot legally prevent others from speaking about or writing about the neighbor, however. That has already been made clear by court decisions. The only ones who are bound by the agreement are the ones who are parties to the agreement.

This is not to say that John should try to post under another name. That would not be smart.

And John's friends or family should not take up his cause and start saying or writing negative things about the neighbor, either.

They shouldn't - but legally, the friends or family members are not prevented from doing so. They just make themselves vulnerable to a defamation lawsuit. That is a pretty good reason not to.

 

[JohnLittle]

You do if you're defending yourself in a slander case because you said he was a slumlord.

I haven't written anything about him or dispareged his name publicly.I got upset from his non caring attitude about his dead tree bashing my house and ruining my vehicle.I called him a slumlord while standing in my driveway on a Saturday afternoon.How can he use that against me in a court of law when his negligence cause my property to be damaged?!

 

[JohnLittle]

The fact still remains that his dead tree..that is still there,damaged my property.The car isn't anything spectacular but it is still worth something.How is it that me getting upset with him in my driveway be used against me?No one was there but him and I.Coming over weeks later with a paper saying he will sue me because I threatened with bad words doesn't take away the fact something happened.How can I lose this case for something I haven't even done yet?

 

[eerelations]

The fact still remains that his dead tree..that is still there,damaged my property.The car isn't anything spectacular but it is still worth something.How is it that me getting upset with him in my driveway be used against me?No one was there but him and I.Coming over weeks later with a paper saying he will sue me because I threatened with bad words doesn't take away the fact something happened.How can I lose this case for something I haven't even done yet?

He's not saying he's going to sue you because you called him a slumlord some time ago in the driveway. He's saying that he will sue you if you make any disparaging comments about him in the future. And that if you agree to not make any disparaging comments about him in the future he will give you $400.

 

[JohnLittle]

OP wants $2,000 to repair a car that he estimates is only worth $800, but he'll accept $400. Furthermore, the OP wants to try to trash this person's reputation over what is, basically, a trivial matter.

The $2000 comes from an estimate at a body shop to repair.Ive never asked for that much.I asked for $400.He wants to give $200 or nothing...his words.He doesn't want to get his insurance involved.Glass for the window alone cost $160,not considering installation.Its not a trivial matter.His negligence and non caring attitude toward my property is not a trivial matter.