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Just got screwed ...
#5388330
10/30/14 12:24 PM
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Joined: Oct 2014
Posts: 102
davvy
OP
Woodsman
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OP
Woodsman
Joined: Oct 2014
Posts: 102 |
This past February I met a farmer from Johnson county, about 15mi south of me. after talking to him a few times the subject of hunting came up and after some discussion he offered to let me hunt his land in exchange for labor. 1.3mi of new fencing, castrated and tagged steers, mowed fields and finally patterning three different mature bucks and building four custom blinds so that we would both have great opportunities to take good deer this year. then yesterday I get a call saying that he leased the property to some hunters from Dallas and that I'm not allowed on the property anymore. being a purely verbal agreement I don't see anything I can do about it but would appreciate any advice you could give...
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Re: Just got screwed ...
[Re: davvy]
#5388337
10/30/14 12:29 PM
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Joined: Jan 2010
Posts: 6,358
jshouse
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2010
Posts: 6,358 |
you must really like to hunt.
If I send my neighbors a text and ask them to give me feedback on my lawn and plant rye into a giant dong pattern, I'm probably going to get some less than positive feedback. Same goes here.
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Re: Just got screwed ...
[Re: davvy]
#5388345
10/30/14 12:37 PM
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Joined: Jan 2009
Posts: 2,034
TxYoteHunter
Veteran Tracker
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Veteran Tracker
Joined: Jan 2009
Posts: 2,034 |
Yep, you're right. Title says it all very accurately.
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Re: Just got screwed ...
[Re: davvy]
#5388353
10/30/14 12:43 PM
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Joined: Jan 2012
Posts: 9,185
hook_n_line
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2012
Posts: 9,185 |
At least you didn't spend 5 years building a herd, feeding protien, fixing fences, improving pasture, clearing fencelines, and running water lines on your own dime. I feel for you davvy.
Sometimes it's hard being me! But somebody has to do it.
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Re: Just got screwed ...
[Re: davvy]
#5388354
10/30/14 12:43 PM
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Joined: Jan 2013
Posts: 1,023
Kevin_M
Pro Tracker
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Pro Tracker
Joined: Jan 2013
Posts: 1,023 |
WOW! The best advise anyone can give you is, no matter how honest people may appear, always get it in writing. It sucks that's how it is these days but as we all know, it is.
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Re: Just got screwed ...
[Re: davvy]
#5388359
10/30/14 12:45 PM
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Joined: Sep 2007
Posts: 13,451
Seadog
THF Celebrity
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THF Celebrity
Joined: Sep 2007
Posts: 13,451 |
There's nothing you can do, unfortunately!!!
I support Cap and Trade - Cap our spending and Trade Obama
I predict future happiness for Americans if they can prevent the Government from wasting the labors of the people under the pretense of taking care of them. - Thomas Jefferson
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Re: Just got screwed ...
[Re: davvy]
#5388362
10/30/14 12:52 PM
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Joined: Jan 2009
Posts: 8,719
cameron00
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2009
Posts: 8,719 |
Alway, always, always got get it in writing if you're "paying" up front.
Verbal agreements aren't binding when it comes to real estate transactions in Texas and I don't know where a hunting lease falls, but it strikes me as use of real estate.
Really a crappy thing to do, but unfortunately it's not uncommon. When I bought my current place, it was under lawsuit because a guy did work for like 20 years for a local rancher on the place under the promise he'd be left the property in the will. Guy dies, guess who didn't get left the property? Guy lost his suit in summary judgement, as you obviously can't just claim you were supposed to receive part of an estate without any documentation, but still, it's a terrible thing to do to somebody.
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Re: Just got screwed ...
[Re: davvy]
#5388364
10/30/14 12:53 PM
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Joined: May 2014
Posts: 11
tmaggie50
Light Foot
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Light Foot
Joined: May 2014
Posts: 11 |
I would certainly let it be known all around town that he's a POS.
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Re: Just got screwed ...
[Re: davvy]
#5388368
10/30/14 12:54 PM
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Joined: Sep 2010
Posts: 35,900
txshntr
T-Rex Arms
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T-Rex Arms
Joined: Sep 2010
Posts: 35,900 |
Send him an invoice for the work performed and file for a theft of services. The value would be based on the going rate for the work performed or the amount that he leased the property for. Doubt you get much out of it, but you can push the issue if you want to receive monetary compensation for the work performed. Verbal agreements are considered binding in Texas, but dang hard to prove. Good luck! As a side note
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Re: Just got screwed ...
[Re: davvy]
#5388373
10/30/14 12:57 PM
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Joined: Aug 2013
Posts: 1,466
Jkd106
Pro Tracker
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Pro Tracker
Joined: Aug 2013
Posts: 1,466 |
Not so sure, did you ever take any money for labor? Did you get to do any hunting? Or have any form of payment? A contractor I work with, did some work for a guy, no written agreement, guy refused to pay him. He went to the DA, he was told as long as he never accepted a dime, he could file on him. I do not know if this applies to hunting, or if it's worth even pursuing.
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Re: Just got screwed ...
[Re: davvy]
#5388374
10/30/14 01:00 PM
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Joined: Jan 2009
Posts: 8,719
cameron00
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2009
Posts: 8,719 |
The whole "verbal agreement" stuff is tough.
The farmer is going to claim that the work done wasn't as significant as is being claimed and that it was a trespass fee where you got to spend time on his land during the summer, etc. He's also likely to just say, "I did the majority of all that stuff he's claiming. He helped a bit, but did a poor job, so I had to clean up his mess."
Gonna be your word versus his and unless he just comes forward and admits he screwed you (unlikely), you're going to need witnesses/documentation or it's not even worth your time.
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Re: Just got screwed ...
[Re: davvy]
#5388375
10/30/14 01:01 PM
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Joined: Jan 2009
Posts: 8,719
cameron00
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2009
Posts: 8,719 |
If he's an older fellow and you can demonstrate that he's not capable of doing the work, it would help your cause.
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Re: Just got screwed ...
[Re: davvy]
#5388398
10/30/14 01:17 PM
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Joined: Oct 2014
Posts: 102
davvy
OP
Woodsman
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OP
Woodsman
Joined: Oct 2014
Posts: 102 |
He is an older guy who's not getting around to well so I went above and beyond the agreement to help him out. As far as a lawsuit goes its doubtful that I can win and I would rather just get a deer seeing as I have only been able to hunt one year since I moved to Texas 7 years ago. in a couple hours I'm headed out to the area to knock on doors and pray one of his neighbors that's seen me putting in the work will take pity on me, however remote that chance may be.
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Re: Just got screwed ...
[Re: davvy]
#5388406
10/30/14 01:19 PM
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Joined: Sep 2007
Posts: 13,451
Seadog
THF Celebrity
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THF Celebrity
Joined: Sep 2007
Posts: 13,451 |
Good luck to you davvy and welcome to the forum !!! Good things happen to good people eventually!!!
I support Cap and Trade - Cap our spending and Trade Obama
I predict future happiness for Americans if they can prevent the Government from wasting the labors of the people under the pretense of taking care of them. - Thomas Jefferson
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Re: Just got screwed ...
[Re: davvy]
#5388424
10/30/14 01:27 PM
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Joined: Jul 2007
Posts: 8,321
bobcat1
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2007
Posts: 8,321 |
I'm growing to dislike people more and more every day. Used to be able to look a man in the eyes and shake his hand and his word was his band. Nowadays not so much. Get it in writing from now on.
Bobby Barnett
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Re: Just got screwed ...
[Re: davvy]
#5388429
10/30/14 01:28 PM
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Joined: Mar 2014
Posts: 4,005
JRJ6
Extreme Tracker
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Extreme Tracker
Joined: Mar 2014
Posts: 4,005 |
That is tough. Since there is no written agreement, there is likely no chance of any recovery. I would still try to send him a bill for the work you performed. He will probably not pay anything, but I would try.
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Re: Just got screwed ...
[Re: bobcat1]
#5388505
10/30/14 02:04 PM
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Joined: Jul 2008
Posts: 22,284
Texas Dan
THF Celebrity
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THF Celebrity
Joined: Jul 2008
Posts: 22,284 |
I'm growing to dislike people more and more every day. Used to be able to look a man in the eyes and shake his hand and his word was his band. Nowadays not so much. Get it in writing from now on. As I heard someone put it, nowadays "the truth is up for grabs."
"Some people will never like you because your spirit irritates their demons."
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Re: Just got screwed ...
[Re: davvy]
#5388513
10/30/14 02:07 PM
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Joined: Sep 2011
Posts: 28,032
Navasot
Hollywood
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Hollywood
Joined: Sep 2011
Posts: 28,032 |
Id make his life a living h***
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Re: Just got screwed ...
[Re: davvy]
#5388515
10/30/14 02:09 PM
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Joined: Nov 2010
Posts: 1,379
Schpanky
Pro Tracker
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Pro Tracker
Joined: Nov 2010
Posts: 1,379 |
You had a verbal contract for services and verbal contracts are valid and enforceable...this is not a real estate transaction as ownership of the real estate was not a part of the contract consideration. You made an offer for services which he accepted...you performed your portion of the contract. You are entitled to consideration/compensation. Consideration is a legal concept that describes something of value given in exchange for a performance. Put simply, the landowner is in material breach of the contract and you are entitled to damages. I think you'd be well within your rights to submit a demand letter to him as you would most likely prevail if you opted for legal recourse. At a minimum, he at least needs to pay you for your work. Not sure how eager you are to pursue this matter, but I think you'd do much better than others have stated previously.
Last edited by Schpanky; 10/30/14 02:21 PM.
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Re: Just got screwed ...
[Re: davvy]
#5388518
10/30/14 02:10 PM
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Joined: Sep 2010
Posts: 35,900
txshntr
T-Rex Arms
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T-Rex Arms
Joined: Sep 2010
Posts: 35,900 |
For those that say he should have had it in writing, I am curious how much you believe that would help and what additional recourse he would have. People get screwed every day with contracts written by legal professionals, and it would still be a battle and cost money IMO.
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Re: Just got screwed ...
[Re: davvy]
#5388534
10/30/14 02:18 PM
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Joined: Oct 2004
Posts: 39,615
redchevy
THF Celebrity
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THF Celebrity
Joined: Oct 2004
Posts: 39,615 |
I don't know what the right answer is but I wouldn't just take it lying down.
Best of luck to ya.
It's hell eatin em live
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Re: Just got screwed ...
[Re: Schpanky]
#5388557
10/30/14 02:26 PM
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Joined: Jan 2009
Posts: 8,719
cameron00
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2009
Posts: 8,719 |
You had a verbal contract for services and verbal contracts are valid and enforceable...this is not a real estate transaction as ownership of the real estate was not a part of the contract consideration. You made an offer for services which he accepted...you performed your portion of the contract. You are entitled to consideration/compensation. Consideration is a legal concept that describes something of value given in exchange for a performance. Put simply, the landowner is in material breach of the contract and you are entitled to damages. I think you'd be well within your rights to submit a demand letter to him as you would most likely prevail if you opted for legal recourse. At a minimum, he at least needs to pay you for your work. Not sure how eager you are to pursue this matter, but I think you'd do much better than others have stated previously. It'd be nice if it were that simple, but unfortunately, unless the LO agrees with his side of the story and it outlined what constituted consideration, that's not happening.
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Re: Just got screwed ...
[Re: txshntr]
#5388563
10/30/14 02:28 PM
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Joined: Jan 2009
Posts: 8,719
cameron00
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2009
Posts: 8,719 |
For those that say he should have had it in writing, I am curious how much you believe that would help and what additional recourse he would have. People get screwed every day with contracts written by legal professionals, and it would still be a battle and cost money IMO. There's always wiggle room with contracts since resolution of dispute involves interpretation of what was meant, but it's certainly much better to have a contract than to try to go the "he said, she said" route.
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Re: Just got screwed ...
[Re: davvy]
#5388592
10/30/14 02:38 PM
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Joined: Sep 2012
Posts: 1,213
tShawnB
Pro Tracker
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Pro Tracker
Joined: Sep 2012
Posts: 1,213 |
No way I do all the work you did without getting something in writing regarding the lease. Sorry dude, you did indeed get screwed.
How come everybody I meet is a deer hunting expert?
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Re: Just got screwed ...
[Re: cameron00]
#5388602
10/30/14 02:40 PM
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Joined: Nov 2010
Posts: 1,379
Schpanky
Pro Tracker
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Pro Tracker
Joined: Nov 2010
Posts: 1,379 |
You had a verbal contract for services and verbal contracts are valid and enforceable...this is not a real estate transaction as ownership of the real estate was not a part of the contract consideration. You made an offer for services which he accepted...you performed your portion of the contract. You are entitled to consideration/compensation. Consideration is a legal concept that describes something of value given in exchange for a performance. Put simply, the landowner is in material breach of the contract and you are entitled to damages. I think you'd be well within your rights to submit a demand letter to him as you would most likely prevail if you opted for legal recourse. At a minimum, he at least needs to pay you for your work. Not sure how eager you are to pursue this matter, but I think you'd do much better than others have stated previously. It'd be nice if it were that simple, but unfortunately, unless the LO agrees with his side of the story and it outlined what constituted consideration, that's not happening. My advice...sit down and talk with the landowner. Be very detailed regarding the services performed and the value of those services. Request that he compensate you for your time and materials. If he refuses, I would definitely send the demand letter as this sends a message that you intend to be compensated. Can't tell you how many times I've seen demand letters provide that little nudge to get someone to perform. If he still refuses, the ball's in your court and you'll most likely have to sue him. This all depends on how much you're willing to pursue this matter. Personally, I don't like getting screwed and I'm sure you don't appreciate it much either. Sometimes the mere threat of litigation will help move resolve the matter. After all, if you appear determined to take this to court, he'll have to incur legal fees for defense.
Last edited by Schpanky; 10/30/14 02:41 PM.
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