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donsrods

Well-known member
Joined
May 11, 2007
Messages
10,476
Location
fort myers florida
Today I was watching TV and one show was Judge Hatchett. The case before her was pretty interesting because it involved a guy trying to do a favor for a friend and in the end the friend sued him (and won!:confused:)

Long story short. Plaintiff is an Elvis impersonator professionally. His Mom gave him a diamond Elvis type ring for a gift and he decided to sell it after about 12 years because he got in financial trouble. He asked his friend to sell it for him on Ebay because he didn't know how Ebay worked and his friend has sold stuff there before. His friend was going to make NO money on the deal, just doing it to help out his buddy.

Item got listed on Ebay and a guy emails the friend offering to buy it now if he will end the auction. Buyer says he is setting up an escrow fund through a known escrow company and the funds would be there immediately. Escrow company confirms they have the guys credit card payment, so friend ships out the ring overnight as requested. He then finds out the buyer has scammed 13 other people same way and there is no escrow company and no money.

So, Elvis impersonator sues his good buddy because he "should have known better." Bad part is, he wins because the law says the friend took the ring as a gratuitous bailment which makes him responsible. The friend wasn't looking to make a dime, simply help his friend out.

Reason I mention this whole thing is that some of us have done similar things. I have sold some stuff for friends on Ebay, even a boat or two. To think that I could have ended up liable if something went wrong is scary. I think same would hold true if we allowed a friend to keep a car or something on our property as a favor. If it ended up missing we could be on the hook for it.

We all like to do favors for our close friends, but I'm afraid I'll think twice the next time. Oh, by the way, Elvis and the friend had been friends for 30 years!

Don
 
Sounds like the pretend Elvis, was a pretend friend. Like the old saying, 'With friends like that, who needs enemies?'
 
The funny thing was, I was convinced during the show that the ruling would be in favor of the friend who was just trying to help out, but the Judge said she had no choice as the law is very specific that he had that gratuitous bailment which means he had to exercise care once it was given to him to sell, even if he wasn't doing it for any personal profit.

You are right, the Elvis guy was not a very stand up friend, but in this sue happy society we live in it makes it so we have to rethink some of the things we used to take for granted...........like offering to help someone out. :(

Don
 
I didn't see the episode but I kinda go with the judge. Even if he wasn't making any profit, he agreed to broker an expensive item and should have known better. If he had left the decision to the Elvis dude, let him decide whether to take the offer and the risk, that would be a different deal, IMHO. Also if he was a straight up ebayer, he would never have accepted the side offer, totally against ebay policies.
Still friends shouldn't sue each other.
 
Money can do funny things to a friendship. That a really shame what happen.

How much money was the over?

There are three types of friend

True friends- They will stick with you through good and bad. And they got your back. ( There are only a few of them in my life)

Fair weather friends- As long as things are going good they will be around. As soon as thinks start getting bad they blow away like the wind. ( We all have a bunch of them.)

Pop in Friend (Weed Friend)- There only around when there is something in it for them. An when they are around they try to chock you off from your own plans. ( I weed them out real fast.)
 
Like they say... "No good deed goes unpunished." :D

I beginning to believe in that phrase! I always stop and help people with flats, ect. I helped 2 people recently with flat tires and I've had 3 flats while travelling and had to purchase 2 new tires because of the flats! [S...CR
 
sad story indeed.........
i'd hafta say though, that anytime an item is listed on e-bay for someone else--no matter how good a "friend" they claim to be--let them make ALL the decisions about the auction and whether or not to accept offers

and i can't help but wonder if the elvis was involved in this scam!?

i agree that there are alot of "bad" people and situations out there, but i would still encourage people to be as nice as possible--let God take care of the rest;)
 
The amount was $ 3500.00 for the ring and Elvis was also seeking $ 700.00 in "pain and suffering!" :rolleyes: I think the defendant said he did take the offer to Elvis and got his ok to proceed, since they didn't have anyone else showing any interest or bidding.

For me it just raised the question of how I (and you guys too) could be held liable for things we do out of generosity. There have been a bunch of times I have done something for a friend without thinking that if something went wrong I could be on the hook.

I also agree with the comment that there are degrees of friends. I have had only a few in my lifetime who I could depend on come rain or shine.

Don
 
The best way to lose a friend is to loan them money. Happened to me with a friend I have known for 30+ years. Ask for at least some of it back and you are the bad guy. Dont know if I was more hurt or mad. I have known his uncle's(went to school together) aunts, grand parents....... He even went to school with my sister and my wife but now says he dont remember any of that. :mad: I just let it go because karma will come back to him.
Tim
 
My Son Don just went through that with a friend. His buddy is always having money problems and Don works two jobs a day and has made a pretty good life for himself. Anyway, his buddy and wife came to Don to borrow money and what Don did was tell him, "here, I'm GIVING you this money for a Xmas gift, I don't want it back, but please don't ask me for a loan again because I value our friendship too much and know it would mess it up once money got in the mix." Don has covered nights out on the town with them, paid for tickets for the four of them to events, etc. but he knew the loan thing would never work out.

I've lost friends over money in the past so I understood where he was coming from. Money and friends just don't mix.

Don
 
yea I am more than willing to help w/cars or other smallish jobs and I have yet get any help in return I know better than to ask any more and I have less time for others
 
You watch Judge Hatchett!
images
 
When I was a young man, my dad told me I won't need all the fingers on one hand to count the real friends in my life time. I would have a lot of good acquaintances over the years that would come and go, some will stay around longer than others, but true friends are rare. At this point in my life, I'm pretty sure he was right.
 
end of times

sad really -- when a few words and/or a handshake agreement between two gentlemen isnt worth the grease and rust on the bottom of my workboots.
the days of honesty, common courtesy, holding a door for someone or a polite wave on the road are fading quick -- im not even going to go into helping out strangers and so on... just sad really
 
Ya got to keep the faith C.C. You sound like I've always felt. Yet I almost always go out of my way to help.(my wife says to a fault sometimes)
I do believe in "karma". I think what goes 'round comes 'round. I've been burned a couple times for being nice but, man I still like that "rush" I get when someone smiles & says thanks for a deed they weren't expecting me to do. I still say "howdy", hold doors open and say "ma'm & sir. Guess we gotta keep trying.........................................my 2cents
 

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