This Is a Tough One, but Need Help

Updated on June 01, 2009
K.B. asks from Makawao, HI
11 answers

I have two kids, and the stress of this is making life difficult for all of us.
I have a store, and I have a (crazy) realtor who is making false claims that I am not up to code on things, which I have to then turn around and prove that I am. Meanwhile, my business gets shut down! I can't provide for my kids when I can't work, and I can't work because someone has decided to contstantly harass and slander me. Attorneys want money up front to defend me that I don't have. Help! (FORGOT TO MENTION I AM IN MAUI!)

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J.A.

answers from Los Angeles on

You can report this Realtor to the Board of Realtors and report the company she is working for if they arent helping you. Even though she works for that company they have to obide by certain guidelines and they do have a code of ethics they have to live by. So contact the office and let them know whats going on but speak with the Owner or manager. Most attorneys dont ask for money up front I would keep looking for an attorney who is willing to help.

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S.H.

answers from Honolulu on

Aloha,

**Adding this: Another scenario is... that this Realtor, is working on behalf of the building "owner"... and the Owner possibly wants to sell the building or YOUR space to another person... BUT, the Owner does not want to renovate the space (ie: your store) himself nor pay for it himself, so he is having the Realtor make "trouble" and telling you your store is not up to code... therefore, YOU have to shell out the costs to improve your store and bring it up to code and renovate... thereby, the Owner does NOT have to pay for it himself. Then once your store is renovated and up to code, they will tell you they are selling the building or your space.... BUT, you have to have a lease or something, right? And this is a contractual legal document.... which should stipulate your and the Owners rules and policies.... look into this as well.

**Here is a link for information on Maui County building inspections and what not. You can call them to find out about your situation and research it, or "appeal" it.

http://www.google.com/search?hl=en&client=firefox-a&a....

http://www.co.maui.hi.us/index.asp?NID=1208

Now, what you can also do, on your own, is hire a "Building Inspector" and see IF your store is indeed up to code or not... as this "Realtor" accuses you of. You do NOT have to go according to what this Realtor says.... that is just one opinion... His.

First off, WHO shut down your store???? Is it an official closure of your store, or just the Realtor who MADE you shut down your store under the guise of threats/harassment?

Is this person extorting money from you with these "threats?" Of course, this would be illegal.

The "Realtor" is not a State Of Hawaii "Building Inspector." So, he cannot professionally say that your store is not up to code. He is acting as a "civilian" and not in a professional "building inspector" manner, because he is not one.
OR, is he a LICENSED Building Inspector, who happens to be a Realtor? Some Realtors also work as "Building Inspectors" as a "job" and earn money from it. Here is an example:
http://www.realestateinspector.net/
And the State of Hi Public Works Department:
http://www.hawaii-county.com/directory/dir_pubworks.htm

BUT...IN ORDER TO HAVE OPENED YOUR STORE, YOU HAVE TO HAVE A "BUILDING PERMIT" displayed in your store, right? This would then show that you "met" the building codes...

Perhaps, call the State of Hawaii department that handles building inspections and either complain about this person, or ask them WHY your store is shut down.

Second, if your store is not up to code, for real,... then you need to address it. OR, if you do not "own" the building and are renting, then it is the building OWNER's responsibility to bring the building up to code and it is the Owner's problem....

You can turn around and file a complaint about him... because he is making false claims, "harassing" you and your business, and trying to shut you down... then on top of that he is stopping your ability to make a living and provide for your kids..

You can try and contact the pro-bono lawyer services below, and they help people who don't have money to pay for an attorney. But call and ask them about your "case."

Also, if this person is harassing you, you NEED to DOCUMENT everything, and perhaps call the police on him and file a complaint as well, if this is possible. AND emphasize that he is bringing emotional harm to you and your family, the business and financial hardship... DOCUMENT everything... and that you are ALSO "afraid" of him... and intimidated etc.

Lastly, there are some people who go around and PURPOSELY pick on certain businesses, and say they are not up to code or ADA regulations... because they are "working" for an ADA attorney or unethical attorney.... and they earn kick-backs from it or fees themselves.

Here are some links for "pro-bono" lawyers in Honolulu:

http://lawyers.justia.com/firm/volunteer-legal-services-o...
http://lawyers.justia.com/lawyers/education-law/hawaii/ho...
http://www.vlsh.org/
http://www.hsba.org/probono.aspx (the Hawaii State Bar Assoc.)
http://sherrybroder.com/story/story.1992_10_07.profile.asp
http://www.legalaidhawaii.org/
http://www.abanet.org/legalservices/probono/statesupport/...

To complain about inappropriate actions or unethical practices, by a Realtor:

http://www.hicentral.com/
http://hawaii.gov/hirec/

Look over and research these links for help... and where to complain about this Realtor.

All the best,
Susan

6 moms found this helpful
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K.L.

answers from Los Angeles on

Hi K. -

So sorry to hear about the difficult time your family is going through. I don't have much experience with legal issues, especially with regards to code violations, but I'm just wondering if it's possible to turn around and file a claim against the realtor for harassment? If for nothing else, than just to hopefully stop them from causing you more stress?

Good luck with everything.

1 mom found this helpful
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W.R.

answers from Los Angeles on

Hi K.,
On a purely feedback level, I'm hearing a lot of "I can't" what if you shifted this into a "I can" I can't is a victim place, "Look what everyone is doing to me." Instead, look into your feelings about what you say when you declare the "I can't" statement. Some where it doesn't feel good. You had the confidence to start the business, now look at that place of strength and find your "I can" answers. As you explore these answers, see how this feels as well. It will come, quiet down, listen to your gut and keep asking, "What is it I can do?"
You have all the answers within yourself,
Trust,
Wendy

1 mom found this helpful
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M.A.

answers from Los Angeles on

Call the police and press charges for harassment. This will mean that you will have to have documentation for each and every time he's made false claims against you, so if you haven't started journalling this, now is the time to start. First step though would be to get a complaint lodged with the police.

And if you do decide to go through the civil courts (tort?), you'd be the one suing him. Don't most of those lawyers just agree to take a cut of whatever you win in the suit? I mean, you'd want to recoup all the money that he caused you to lose from not being able to work.

1 mom found this helpful
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M.R.

answers from Honolulu on

I was just talking this morning about issues that come up as a business owner (along other things) with Deborah who does prepaid legal. I used to have my own shop and prepaid helped me with documents and things I needed. I don't know the size of your store or if you have employees. I was a one woman show for over 5 years, but I had consignment contracts with over 1000 people so having things right were important. I would highly suggest you talk with Deborah. It's totally cost effective, unlike hiring attorneys. Here's her ####-###-#### I'm sure she can guide you in the direction that is best suited for your needs.

Marie-anne :O)

1 mom found this helpful
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E.S.

answers from Los Angeles on

who is shutting you down? The city? If you are up to code than prove it to the city and move on. Sorry this is happening to you, but I think you can resolve it if you are up to code. No need for a lawyer.

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J.C.

answers from Los Angeles on

Is your business in Maui. What type of code issues?

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S.T.

answers from Los Angeles on

Hi K.. I'm sorry to hear about your situation. I work part-time for a lawfirm in long beach and I know that there are attorneys who will work with you. If you are interested in getting the phone number for the firm I work for I will email it to you just send me an email at ____@____.com I know that if the attorney I work for cannot help you he may know another attorney who can. Goodluck with everything!

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S.W.

answers from Los Angeles on

May I ask what kind of business you have? You may need to check into the real estate laws for your state and your typeof business. As well, you may need get licensing information on the real estate agent and see why this person is targeting you? There is a reason and a motive. Perhaps this real estate person wants your store. But the first thing I would do is check the licesnse of the real estate person and then find the codes for your type of business and take it one day at a time.

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C.K.

answers from Los Angeles on

get advice from "Legal Zoom .com" I am about to try it for myself & see what they have to say about my divorce going into the 3rd year! It is advertised on KFI radio

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