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Memo 2 Client Interview

Client Cameron discusses a haunted house sale dispute involving alleged fraud and ghost stories with attorney Kristin Gerdy Kyle.

Key Takeaways

  • Fabricated ghost stories influenced the sale of a house.
  • Buyers were motivated by belief in the house being haunted.
  • Legal dispute centers on fraudulent misrepresentation claims.
  • Materiality and justifiable reliance are key legal issues.
  • The law firm is handling the investigation and client communication.

What the video covers

  • Client Cameron, a 69-year-old self-employed farmer from Shiloh, Ohio, recounts selling an old haunted house.
  • He advertised the house as haunted, which attracted a young couple interested in buying it.
  • Cameron fabricated ghost stories to entertain the buyers, which influenced their interest.
  • The buyers, members of American Ghost Hunters and Spirit Trackers, purchased the house for $77,000.
  • After the sale, the buyers pursued ghost-related activities but found no evidence of spirits.
  • The buyers later threatened legal action against Cameron for alleged fraudulent misrepresentation.
  • Attorney Kristin Gerdy Kyle explains the legal issues around material misrepresentation and justifiable reliance.
  • The firm will investigate the case and keep Cameron updated regularly.
  • Cameron is advised to report any new facts or developments to the firm.
  • The case centers on whether the ghost stories materially influenced the buyers' decision to purchase.

Answers

Questions about this video

What was the main issue that brought Cameron to the law firm?

Cameron came to the firm because buyers of his haunted house property threatened to sue him for fraudulent misrepresentation related to ghost stories he fabricated during the sale.

Why did the buyers want to purchase the haunted house?

The buyers, members of American Ghost Hunters and Spirit Trackers, were motivated to buy the house because they believed it was haunted, which they thought would enhance their reputation.

What are the key legal issues discussed in the interview?

The key legal issues include whether the ghost-related misrepresentations were material to the buyers' decision and whether the buyers justifiably relied on those misrepresentations to purchase the house.

Full Transcript — Download SRT & Markdown

00:00
Speaker A
Rolling. No, okay. I know you're an established client and all of that, but because we're gonna be recording this, would you give us name, age, employment, address, that kind of thing so that we can make sure we've got it for the
00:17
Speaker A
record? For the associates. Cameron, the droll, it's been Rose. Felt like the president, Mo N. Ro E. Back? You got it. What am I? Cameron. C-A-M-E-R-O-N. Perfect. Thanks. I'm from Shiloh, Ohio. Just by date, I'm 69
00:39
Speaker A
years old. Self-employed farmer. Sounds good. Now, you know that anything that we exchange here is confidential?
01:00
Speaker A
Yes. Now, it will be shared with members of the firm, but further than that, what I'd like to do is have you tell me what
01:12
Speaker A
brings you to the firm today. I'm gonna let you it as much as possible. Just tell me the story, but excuse me if I interrupt you once in a while to make sure we've got back straight or something. Is it okay? I just wrote a
01:31
Speaker A
couple of notes. Okay.
01:51
Speaker A
Sigh, that's a great idea. That's a great idea because the more facts we can get, the more quickly we can get this result. Okay, this story, I guess, starts back October 6th of '09. I have an old house
02:13
Speaker A
that I was going to sell or have sold now, and I have been reading on how to sell homes and real estate, and I've noticed that a lot of homes that are haunted get lots of buyers. And so I put an ad in the
02:43
Speaker A
paper for the Dayton newspaper that I had a house for sale and it had three ghosts, women, and look at house pastor in those towns. It's, yeah, it's an old beat-up, just run down, some grey painted sign, have some old trees that have never been
02:57
Speaker A
and I keep an old lantern in the window. Later, scary or house. Anyway, there was a young couple that called. Was their name Todd and Erica Vivica, I think. They called. Young couple, just married, and they were really interested in this haunted
03:18
Speaker A
house. And so they came out to see it. They started asking. Holly, right at the outset, that they wanted a haunted house or did they just some but they were interested in the house? Well, they were interested in a haunted
03:42
Speaker A
house. They just sounded like it was really interesting to them that there was that it was haunted, and that's probably what brought them. So they came out right away, and they started asking all these questions, and right away I just said, you know, this
04:03
Speaker A
is all hogwash. This might be bad, but they just kept asking all these questions about who lived there and then what kind of hard it was. So I thought, and then I started making up stories, went along. It was this
04:21
Speaker A
young man named, there was just Gemma and Bryce and their son Tobias Winslow, and I said they lived there in this house, and Jim had a brother that was in jail, and he got out of jail and he came
04:36
Speaker A
to the house looking for this heirloom gold necklace, and Jim had, and he couldn't find it, so he killed him with a broken glass from one of Gentles Gemma's candy balls and killed all three, kid, mother, the boy, and the parent.
04:52
Speaker A
And then all of a sudden it became a haunted house, and they just kept asking more questions, and I thought, why not? This is kind of fun. Tell this story. I'll just add a few things, so I would say God
05:12
Speaker A
and my boys, they were able to talk to Tobias that they'd blow up in the room, and they didn't have all these conversations, and Jim, it rang the doorbell, and she had little windows, she'd go ahead and close the door. So all
05:30
Speaker A
of this stuff just like story because he liked pyramid, and they said, well, we need to talk about this, so they went home. Well, that night I got a call from the commercial builder who wanted to build the Starbucks, and he was so, he thought
05:42
Speaker A
this would be a great place, so I had to hurry and call the Victus back and full-price offer, actually. Yes, I was asked in 74 thousand dollars for the house because hadn't really said anything about it, and this contractor
06:09
Speaker A
called him. He's willing to get give me full price as well, so I called a bit cos back to give them first chance, and they offered seventy-seven thousand dollars if I didn't sell it to them.
06:27
Speaker A
And so I thought maybe all say that they are there. Did they just immediately say, well, we'll go seventy-seven, or did you say something that might have encouraged? Well, well, I told them that what I heard that this commercial salesman wanted to
06:50
Speaker A
buy this property, that I got this strange feeling that Tobias were looking on me, and I even got the feeling that somebody touched me on the shoulder, and I was really cold with them, like I shouldn't do that because it
07:07
Speaker A
would take away their home. So immediately the Victus came in, and they bought the before. Well, after they bought the farm, they immediately started doing all this ghost stuff. I had a séance, and nothing happened. Then they hired some ghost guy
07:41
Speaker A
to come in and do all of his weird stuff, and he came back and told them that there wasn't no ghosts in the house. So then almost sudden, I get a notification from the videos that, but I find out that
08:06
Speaker A
these guys are, no, if anybody knows what they were really in did this ghostly stuff, they were, they were part of American Ghost Hunters and Spirit Trackers, and their sole motivation for buying the house was because he thought it was haunted, and it
08:26
Speaker A
would be really cool and to enhance their reputation. So they had to told you that the portal they purchase? No, I just kind of thought that, as you know, because it was hot, and I thought because I told him it was all hogwash, but you
08:36
Speaker A
add in a picture of the house. It's not a very good one because it just came off the newspaper, but you can see Mike, you can see him with Jack O'Lantern in the window. Yes, ma'am. If they had gone to the
08:59
Speaker A
library, I don't know if they did or didn't, but if they had gone to the local library and checked, could they have found? They did exactly. They did. Yes, come to think of it, they come back and said
09:26
Speaker A
that they had gone to the library and checked the history of the house. Silvo, I don't know what they go through and look at the house and found out police department never disclosed. So are they threatening now? They want to sue me?
09:47
Speaker A
For false? All right. Most likely what this will wind up being is an action for, they're going to try to claim that was fraudulent misrepresentation. That's going to be an issue for us. Yes, it's because there's a lot of, there are a number of
09:58
Speaker A
different elements to fraud. I think the two that are going to be the biggest issue for us are whether the misrepresentations you made about a ghost were actually material, so they're making their decision, and then also whether in order to be fraud, they have
10:14
Speaker A
to rely on what you told them in order to make their decision, but they can't just claim they relied for any reason at all. It has to be justifiable, and I think we may have a question as to whether
10:30
Speaker A
anybody would justify of me rely on someone saying there's a ghost in the house. So I think we'll probably concentrate there. In the meantime, I don't want you to worry about it. You're turning it over to us. We will stay in
10:44
Speaker A
touch with you. If we don't, if one of the associates or myself do not get in touch with you weekly, by all means, you call and tell us you need an update. In the meantime, we want you to call with
10:56
Speaker A
any new facts you come up with, any new developments, but for now, you relax. Let us do a little bit of investigation, a little bit of soul-searching, of the examining records, and see if we can come up with a way to resolve this issue. Okay?
Topics:haunted housereal estate disputefraudulent misrepresentationghost storiesclient interviewlegal consultationKristin Gerdy KyleAmerican Ghost HuntersSpirit Trackersproperty sale

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