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Be very wary about buying land from...
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12-05-2007, 01:16 PM
quote: Not true, at least not everywhere. In many cases restitution to the victim will be part of the sentence and/or a condition of probation. Pua`a S. FL Big Islander to be.
Pua`a
S. FL Big Islander to be.
12-05-2007, 01:27 PM
quote: I just went to the website and found a few things that put up red flags for me. The main one was this statement: If you feel comfortable investing a minimum of $1000, please contact us for more information. There is no risk. You will never loose money investing with us. http://www.dinorealty.com/invest.php Do you notice how they spelled Lose? (loose) I feel sorry for you NanaJulie. Sounds almost like a "pyramid" scheme using properties as there "bait" Coming home soon
12-06-2007, 09:38 AM
thanks for the correction, oink.
Especially if there are a number of fraud victims, I could see that.
12-06-2007, 03:21 PM
Just to answer a few recent posts: there will no doubt be more than one person in my shoes. He had another business that was in some way shut down by the attorney general of his state. He had some other strangeness with the terms of the contract with that business. I don't know the full info. I do know that my gut tells me I am just the first in a line of people.
As far as small claims court, the minimum is smaller (in all 3 states involved here) than what he owes me. As far as the civil vs. criminal matter, I am awaiting a response from the local authorities as they may pursue charges, they may refer me, or it may stay a civil matter until another victim is discovered. Like I said, will keep you posted. Regarding the criminal charges, I am hoping for fraud, but it is difficult to prove without another victim or other proof that he MEANT to defraud me, but I haven't yet spoken to the FBI which is my next call. My main question not resolved by anyone I have spoken to: which state to file in? Mine, his or where the land is located? Even the lawyer wasn't too sure. So, dunno. Thanks again for all well wishes. Julie Edited by - nanawalejulie on 12/06/2007 19:27:37
12-06-2007, 03:43 PM
quote: Julie, here is some tech aspects on the website domain for dinorealty.com Best of luck p.s. I bolded the city and PO box for easier viewing. From the site below: ______________________________ Registrar: DOTREGISTRAR Domain Name: DINOREALTY.COM Created on: 21-OCT-04 Expires on: 21-OCT-08 Last Updated on: 24-OCT-07 Administrative, Technical Contact: itshares.com spamtrap@itshares.com PO Box 627632 Cincinnati, OH 45263-7632 USA +001.5137929211
12-08-2007, 06:39 AM
Julie,
Typically on a contract, it will name the state that has jurisdiction if litigation should arise. Do you just have the paperwork on the agreement of sale? Or do you also have an agreement/contract with him or his company? Typically it will be the State where the business generating the contract resides. I've been a fan of contacting the FBI in the past for INTER-STATE issues. Most laws broken - including harrassment - conducted interstate (between states) is a federal crime. I think they'll be all over this. Best of luck, Anna
12-08-2007, 06:02 PM
Damon, thanks for that info. I will be adding it to the info I already have. I now have several addresses for him.
Anna, I have sent the info off to the FBI, we'll see if they are able to help or not. Again, thanks to all who have been helpful.
12-29-2007, 07:44 AM
Julie, you should be able to do just a quick web search on what your state's guidelines are for filing a small claim or ask the court clerk. In Oregon, you can pick where you would like to file, in the state the purchase was made, or the state where the business the purchase was made from is. Also, I don't know about other states, but on Jan 1 here a small claim will go up to a $7,500 limit.
While he may owe you more than what you would receive in a small claim, you may end up spending more in recovering it. I am a professional mediator and mediate civil cases all the time. Here, a lawyer will most often tell a client to expect to put up $10,000 for a civil suit. And winning doesn't get you your money, just a piece of paper called a judgement. Collecting is a completely different matter. It is under a $100 to file a small claim. You still would have to go through collecting, but your up front expense would be much less. You still use that judgement to place your lien, which you would want to record lickity split because as someone already pointed out, "Order recorded, order paid." and if he is ripping off others there might be a bunch of liens coming down at once. It is up to you, but one bird in the hand might be better than two in the bush. You have a lot on your plate and my heart hurts for you. Hang in there! Sharlee When life gives you lemons....trade them for chocolate!
When life gives you lemons....trade them for chocolate!
12-29-2007, 11:45 AM
Sharlee's point is really good. I once had to go to small claims and when I won --against a scam artist -- there were so many judgments in front of my lien, including IRS and State Tax board.
It will take a long time to get through a civil suit, a year or more ... small claims is fast and you can get a judgment and lien quickly and for little cost to yourself.
01-19-2008, 07:16 PM
Just wanted to keep in touch with this. I was recently contacted by someone else who bought land from Daniel Garber. He is worried as well since Mr. Garber also has a contract with him, yet is not the name of the owner on the deed to his property. His land is in a diffent state other than Hawaii. Just as I thought--I am first in what may become a long line of people who will be seeking legal action against this man and his website.
So, the latest for me was that I stopped paying due to him breaking the contract first by selling the lot. (How can I be expected to be held accountable to a contract if the other party isn't?) That, combined with him not returning my repeated attempts at contact for weeks. Then, weeks later, he finally reappeared in an email from someone else's email address, and continued with the charade that "he had a family emergency" and that "his computer crashed" and it was lucky that he remembered his password to come online onto HIS OWN WEBSITE. He needed for me "to be patient so that his wife could send him his paperwork and his computer." So, he waited for the first of the year to come--ignoring me for months, and then defaulted me VIA HIS WEBSITE (not in an email or via phone or via postal mail) on January 2nd due to not paying my taxes/HOA dues. Which, by the way, he never billed me for--as the amount changes annually and that was how I had always paid him in the past. He put the amount owed onto the ledger on his website, and I made a manual credit card payment through his website. (Just a sidenote-I think he also didn't bill the other person as well, if I recall correctly. I think Mr. Garber is going to use this as a way to default all of his "customers" so that he keeps everyone's money!)Not to mention his website had been down for days and weeks at a time--my only means of contact as he doesn't give out his phone number, and that he refused to respond to me and could easily have asked for my payment. Plus, the money I paid him BEYOND the date he owned the property is MORE than any taxes and HOA dues that could possibly have been owed, particularly since he didn't even own the land for 6 months of that year anyway! [Not to mention, like duh, this is your fault for selling my lot-you criminal idiot!!] He also defaulted the contract due to what he said was a late payment(which was due to his website being down and unavailable to pay-if it was even late-as I showed 2 payments made in that month) not to mention that payment occured AFTER the land was the property of someone else anyway!! So, now he said that all payments I made to him for the past 3 years are his (the only portion of the contract he seemed to want to recall and follow). He had the balls to say "here is my address for your lawyer" and listed the address that was on our contract. He then stated "I will not respond to you again." I have decided what to do, and will be keeping it secretive for now, as the internet is a small neighborhood--the man who also has land with dinorealty- found me from here on Punaweb!! So, to Mr. Garber if you are reading: you have a long line of horrifying business behavior. Garbersoft was just one OTHER example. Can't you make an honest living? Do you think cheating people out of HARD EARNED, very much NEEDED money is an acceptable way to live? [V] Trust me, you will regret what you have done to me. Wait until Karma catches up to you. It always does. |
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