• Pika@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    7
    arrow-down
    41
    ·
    edit-2
    7 months ago

    I will preface this with this warning because I know in advance this will be a hot take

    I think she’s being unreasonable. No if ands or buts, I agree with the company that is suing her, this does not mean that I agree that they should have built the house in the first place; because it was not their property. However, they have tried multiple times to reach a resolution with her that would help both sides, she has turned down every offer so far stating she didn’t want the house there in the first place.

    This is a reasonable response, however let’s go over what she’s turned down so far:

    • she has turned down an offer of another plot of land, which was offered free of charge and still in the same area that her other house was which she has turned down because the coordinates are against her zodiac signs.

    • They have offered to sell her the house at a discounted value, what she is also turned down not because she doesn’t think the house shows value, but because “It would set a dangerous precedent if you could go onto someone else’s land, build anything you want, and then sue that individual for the value of it"

    This would be 100% understandable if it weren’t for the fact that it is very clear that this was not their intention and also not what they are doing, they are suing the discounted value of it because they know they fucked up.

    I agree with the company accusation, she is trying to take advantage of what was a mistake, if she truly felt the way that she feels she would bulldoze the lot or be trying to work with the company to have them pay for bulldozed costs, neither of which have been publically stated(not that the company would agree with bulldozing it). She wants to take advantage of this mistake and get a free 500,000 house out of it. I will be interested how this plays out in court, I’m not a lawyer but I hard disagree with this case being an open shut case like the practicing attorney video posted in another comment.

    edit: to save people asking me for the eighth time the same question, yes I understand she has no obligation to propose a solution, but the fact that she has not done so also indicates towards the intent.

    • Cosmic Cleric@lemmy.world
      link
      fedilink
      arrow-up
      15
      arrow-down
      1
      ·
      edit-2
      7 months ago

      However, they have tried multiple times to reach a resolution with her that would help both sides, she has turned down every offer so far stating she didn’t want the house there in the first place.

      She’s not under any obligation to do so.

      This was a business transaction, that was handled poorly. The onus is on the company selling the product.

      Don’t purchase victim blame.

      • Pika@sh.itjust.works
        link
        fedilink
        English
        arrow-up
        3
        arrow-down
        12
        ·
        edit-2
        7 months ago

        I’m not purchasing victim blame I’m stating that they’ve acknowledged they fucked up they’ve tried to fix it she has not stated she wants it bulldozed nor has she accepted any of the Alternatives that they did.

        Being as she was informed of this mistake last year, she has had ample time to either propose a solution on her end or accept a solution on their end she has done neither. Which is why I led to my conclusion that she’s trying to get a $500,000 house for no cost

        They have sued her because she’s not being cooperative in any form, and then when she remained being non-cooperative they sued everyone else involved to make it so the legal system decides if she’s being unreasonable or not

        • Cosmic Cleric@lemmy.world
          link
          fedilink
          arrow-up
          11
          arrow-down
          1
          ·
          7 months ago

          Being as she was informed of this mistake last year, she has had ample time to either propose a solution on her end or accept a solution on their end she has done neither.

          You do understand that she has no obligation to do so, right?

          Could you literally respond to that question in a yes or no manner.

            • Cosmic Cleric@lemmy.world
              link
              fedilink
              arrow-up
              10
              ·
              edit-2
              7 months ago

              Being as she was informed of this mistake last year, she has had ample time to either propose a solution on her end or accept a solution on their end she has done neither.

              You do understand that she has no obligation to do so, right?

              Could you literally respond to that question in a yes or no manner.

              yes.

              Thank you for responding, specifically and concisely.

              Your ‘purchase victim blaming’ because you keep putting (per your comments to various people in this thread) the onus on her to resolve the situation, when she has no obligation to do so, and when it’s the seller/developer that has the onus.

              The effort should be on them, and it should be whole and complete, and not substandard/lesser.

              • Pika@sh.itjust.works
                link
                fedilink
                English
                arrow-up
                1
                arrow-down
                5
                ·
                edit-2
                7 months ago

                Sorry, I know I’m not amazing at explaining things.

                I’ll try rephrasing as a question. What should the company at this point of time do?

                The company incorrectly built a house on the wrong property plot, they realize their mistake far too late in the process due to someone’s negilance along the process whether it’s the development company or the construction company maybe even both.

                They have reached out to the person whose life they fucked up basically because they now have more in taxes and also now have to deal with squatters and vandalism on the house that they have stated they don’t want.

                The landowner has refused to talk it out with the company at all regarding any type of suggestions it’s just been a straight no to any proposal(which as stated multiple times already they were not obligated to do I understand this) while also not bringing anything new to the table including anything to do with restoration or bulldozing(again not obligated)

                Aside from bringing into the legal system what can that company do?

                I said before I think the right thing to do is completely bulldoze the lot to allow for the landowner to build what they want on it, but I find it very very weird that this is not been proposed by the party that would be most likely beneficial from this transaction

                • Cosmic Cleric@lemmy.world
                  link
                  fedilink
                  arrow-up
                  6
                  ·
                  edit-2
                  7 months ago

                  Sorry, I know I’m not amazing at explaining things.

                  Honestly, to me you’re crystal clear, its just people, including myself, are pushing back for the reasons I’ve stated before, and again below.

                  but I find it very very weird that this is not been proposed by the party that would be most likely beneficial from this transaction

                  You just did it again. You are purchase victim blaming.

                  Its not her job to propose anything, its the company/developers. She doesn’t have to propose/negotiate ANYTHING, they have to offer a recompense that she is satisified with and makes her whole. The onus is on the company.

                • M0oP0o@mander.xyz
                  link
                  fedilink
                  arrow-up
                  4
                  ·
                  7 months ago

                  They have reached out to the person whose life they fucked up basically because they now have more in taxes and also now have to deal with squatters and vandalism on the house that they have stated they don’t want.

                  They in fact did not reach out at all. The property owner found out from the realtor who sold the house and not even in a we fucked up way. From the article above:

                  She was unaware of the construction until she got a call last year from a real estate broker who had learned of the mistake.

                  “He told me, ‘I just sold the house, and it happens to be on your property. So, we need to resolve this,’”

                  • Pika@sh.itjust.works
                    link
                    fedilink
                    English
                    arrow-up
                    1
                    arrow-down
                    2
                    ·
                    edit-2
                    7 months ago

                    I am under the understanding that they were not even aware of the issue until that point, but I could be wrong there.

                • Apollo42@lemmy.world
                  link
                  fedilink
                  arrow-up
                  4
                  arrow-down
                  1
                  ·
                  7 months ago

                  You are fine atgetting across your view, the issue people are having is that your views are really fucking stupid.

                • bitchkat@lemmy.world
                  link
                  fedilink
                  English
                  arrow-up
                  1
                  ·
                  7 months ago

                  I’ll try rephrasing as a question. What should the company at this point of time do?

                  If she wants the house removed and her land restored, then that is what the company should do.

        • M0oP0o@mander.xyz
          link
          fedilink
          arrow-up
          10
          arrow-down
          1
          ·
          7 months ago

          she remained being non-cooperative

          No shit, and she has zero obligation or responsibility to. Keep in mind one of the “alternatives” was that she bought the house they illegally built on her land for a discount

          • ysjet@lemmy.world
            link
            fedilink
            English
            arrow-up
            13
            ·
            7 months ago

            Yeah, this is just straight up a scam, she has no obligation to buy their fucking illegal scam house. House belongs to her, in my opinion, if she wants it, and if she doesn’t, it’s on company dime to bulldoze the entire thing, clean the lot, reseed it, and pay back the tax burden they forced.

            • M0oP0o@mander.xyz
              link
              fedilink
              arrow-up
              5
              ·
              7 months ago

              Don’t forget the possibility of treble damages. I am honestly shocked that anyone can look at this and side with the developer.

          • Pika@sh.itjust.works
            link
            fedilink
            English
            arrow-up
            1
            arrow-down
            7
            ·
            7 months ago

            So then if they are being unreasonable her suggestion should be that they pay for the bulldoze correct? unless I missed it somewhere I have not seen it posted she suggested this at all.

            • M0oP0o@mander.xyz
              link
              fedilink
              arrow-up
              9
              arrow-down
              1
              ·
              7 months ago

              Once again, she is under no obligation to suggest anything. The developers here did not make an oopsie this is full blown criminal and they are lucky that the law does not treat companies the same as individuals. If you or I did anything like this (trespassing, conversion, destruction of property, extortion, fraud etc.) we would not be free to carry on.

              • Pika@sh.itjust.works
                link
                fedilink
                English
                arrow-up
                1
                arrow-down
                7
                ·
                edit-2
                7 months ago

                like stated prior, while she is under no obligation to suggest anything, the fact that she did not at all indicates her intention

                • M0oP0o@mander.xyz
                  link
                  fedilink
                  arrow-up
                  5
                  ·
                  7 months ago

                  And her intention has nothing to do with anything in this case, no ones intentions here do. This is sadly not a criminal matter (it should have been) so other then modifying damages intent has no real bearing here.

                • SRo@lemmy.dbzer0.com
                  link
                  fedilink
                  arrow-up
                  4
                  ·
                  7 months ago

                  What I don’t get is what’s with you suggesting that her wanting the house for herself is a somewhat morally wrong thing. It’s her house. Idiots build it on her land; tough luck shitheads, it’s hers now.

    • Zink@programming.dev
      link
      fedilink
      arrow-up
      13
      ·
      7 months ago

      I think you’re approaching it a bit wrong. Even though it was a mistake, her property was altered without her permission. It was altered in a way that potentially made it more valuable, potentially could cause some headaches, etc. The cost of the materials is now a sunk cost for the builder, whether or not they can convince her to give them money.

      So with that as the starting point, I think it is unreasonable to ask her to give any concessions. That is, she should not be forced to pay anything, and she should not be expected to give us her plot of land for a different one. The only outcomes the builder can reasonably expect are that they walk away losing the building costs, or that they walk away losing the building costs AND the demolition/restoration costs. They are better off if she wants a free house versus getting her clear land back.

      Now, if she wanted to offer the builders some amount of money, that would be very gracious of her. I’m going to take a wild guess that a random sloppy real estate developer that sues others for their own mistakes isn’t seen as the most worthy of a gift of tens or hundreds of thousands of dollars.

    • Otakulad@lemmy.world
      link
      fedilink
      arrow-up
      10
      arrow-down
      1
      ·
      7 months ago

      By this logic, if a person is driving and looking at their phone, runs a red light and causes an accident, they shouldn’t be held responsible if they don’t give the person reasonable compensation. It wasn’t there intent to cause an accident, it was a mistake. Asking for the property she paid for in the condition she bought it is reasonable.

      You are also leaving out the part where she is now paying 10x if not more for property taxes on a house she never wanted and it sounds like the house is damaged due to squatters, something that the developer should have made sure wouldn’t happen. That house probably isn’t worth what they are offering it to her.

      Also, you have no idea what she wants from a 3 minute video. All we know is what the developer offered. She may have asked for the house to be demolished and they said no because it would cost them more money to do so.

      • Pika@sh.itjust.works
        link
        fedilink
        English
        arrow-up
        2
        arrow-down
        8
        ·
        7 months ago

        By this logic, if a person is driving and looking at their phone, runs a red light and causes an accident, they shouldn’t be held responsible if they don’t give the person reasonable compensation. It wasn’t there intent to cause an accident, it was a mistake. Asking for the property she paid for in the condition she bought it is reasonable.

        They would be held responsible, just like the company would be held responsible regardless of the outcome here. If she had sued the company she would win that full force. But the lawsuit isn’t for whether the company is at fault or not, the lawsuit is whether she is trying to exploit their mistake for her own personal gain. This article never talks about it but, other articles have the response from PJ Constructions Attorney

        “My client believes she’s trying to exploit PJ Construction’s mistake in order to get money from my client and the other parties,” Olson told The Associated Press Wednesday of her rejecting an offer for an identical lot.

        Also, you have no idea what she wants from a 3 minute video. All we know is what the developer offered. She may have asked for the house to be demolished and they said no because it would cost them more money to do so.

        I have been reading into it because I have a vested curiosity on it, so I pardon if information is given that isn’t in that article. I agree that not all information is on the table, she might have mentioned it and it was not provided in any of the articles I read related to this for some reason.

        • Otakulad@lemmy.world
          link
          fedilink
          arrow-up
          7
          ·
          7 months ago

          The fact that they sued everyone involved and not involved with this instead of offering to remove the house first tells me they probably wouldn’t accept that if she asked. This is a small tactic as others have said.

    • brygphilomena@lemmy.world
      link
      fedilink
      arrow-up
      9
      ·
      7 months ago

      She doesn’t want the house, she has no obligation to pay for it or be given an adjacent lot. She is the one that should be sueing instead. She has every right to be made whole at the developers expense.

      What I mean by that, is that since she doesn’t want the house the developer is on the hook to demolish it and restore the land to its former condition.

      Taking then adjacent land may not even be equitable. It could be less desirable, more difficult to build on, have different drainage, inaccessible without going through an easement. Any number of things.

      The developers should also be in the hook for the increased property taxes.

    • MadBigote@lemmy.world
      link
      fedilink
      arrow-up
      8
      arrow-down
      1
      ·
      7 months ago

      I’ll not even try to respond to everything you just said, but no; she’s not in the wrong here. It’s get plot. She doesn’t want any other plot only because someone else messed up and built something on her property.

      She’s should not be expected to comply and move to other land only because the developer doesn’t want to face the consequences of their mistakes. What should be done is get the developer take the house down and built it in the right property.

    • bitchkat@lemmy.world
      link
      fedilink
      English
      arrow-up
      6
      ·
      7 months ago

      If she wants the house removed, her land restored and some money to cover her costs that is perfectly in her right. If the company offers her options A, B, and C she is under no obligation to accept them.

    • M0oP0o@mander.xyz
      link
      fedilink
      arrow-up
      5
      arrow-down
      1
      ·
      7 months ago

      Please tell me what actions she took that caused this incident. It does not matter what the other parties want or think is reasonable, It does not matter that they think she is taking advantage, as they would have to prove she did something or failed to do something to instigate this issue (good luck with that).

      Also as pointed out their intention does not even come into play here, neglect in this matter will have the same ruling.

    • M0oP0o@mander.xyz
      link
      fedilink
      arrow-up
      4
      ·
      7 months ago

      edit: to save people asking me for the eighth time the same question, yes I understand she has no obligation to propose a solution, but the fact that she has not done so also indicates towards the intent.

      Intent to do what? Are you trying to suggest she had a hand in this fuck up? Like she swapped signs to the lots loony toons style?