1
00:00:00,033 --> 00:00:03,033
The trailer never worked from day one.

2
00:00:03,100 --> 00:00:03,967
Correct.

3
00:00:04,033 --> 00:00:06,200
[announcer]
Today on Tribunal Justice...

4
00:00:06,266 --> 00:00:08,367
The wiring was so janky.

5
00:00:08,433 --> 00:00:10,033
It's 46 years old!

6
00:00:10,100 --> 00:00:11,600
Mine was the cheapest on the market.

7
00:00:11,667 --> 00:00:14,533
Yours was the only one
that had nothing working, that's why.

8
00:00:14,600 --> 00:00:16,332
You bought a lemon tree,
not just a lemon.

9
00:00:16,400 --> 00:00:18,934
-Yeah.
-Yeah, you kinda did.

10
00:00:20,233 --> 00:00:23,233
[opening theme music plays]

11
00:00:41,433 --> 00:00:44,667
[announcer] This case was filed
in Caldwell, Idaho.

12
00:00:44,734 --> 00:00:46,934
Your Honor, this is case #1149
on the calendar

13
00:00:47,000 --> 00:00:48,567
in the matter of Barnes vs. Lemmon.

14
00:00:48,633 --> 00:00:51,033
Parties have been sworn in.
You may be seated.

15
00:00:51,100 --> 00:00:53,433
[Adam] Thank you, Byrd.
All right, Mr. Barnes.

16
00:00:53,500 --> 00:00:59,133
You sold the Defendant, Mr. Lemmon,
a 44-year-old Terry Trailer...

17
00:00:59,200 --> 00:01:01,533
-Yes.
-[Adam] ...for $2,500.

18
00:01:01,600 --> 00:01:04,000
You accepted to take monthly payments
from him

19
00:01:04,066 --> 00:01:06,066
since he didn't have all the money
up front.

20
00:01:06,133 --> 00:01:09,266
He made the first several payments,
and then there were problems.

21
00:01:09,333 --> 00:01:10,300
Yes.

22
00:01:10,367 --> 00:01:14,066
According to your complaint,
he paid a total of $1,600,

23
00:01:14,133 --> 00:01:16,867
and you're suing him
for the balance of $900.

24
00:01:16,934 --> 00:01:18,133
Yes.

25
00:01:18,200 --> 00:01:20,367
Now, Mr. Lemmon,
if I read your answer correctly,

26
00:01:20,433 --> 00:01:23,900
you say that you owe the Plaintiff
nothing. In fact, you think

27
00:01:23,967 --> 00:01:27,066
he should give you back all the money
that you already gave him

28
00:01:27,133 --> 00:01:31,000
because the trailer never worked
from day one.

29
00:01:31,066 --> 00:01:31,934
Correct.

30
00:01:32,000 --> 00:01:34,834
So, right off the bat,
we have a discrepancy.

31
00:01:34,900 --> 00:01:39,700
We have you, Mr. Lemmon,
saying that you paid $1,800 in total,

32
00:01:39,767 --> 00:01:43,767
and Mr. Barnes, we have you saying
that he paid $1,600.

33
00:01:43,834 --> 00:01:44,700
Yes.

34
00:01:44,767 --> 00:01:48,133
So, what proof do you have
of payment by Mr. Lemmon?

35
00:01:48,200 --> 00:01:50,700
He done all his payments on Cash App.

36
00:01:50,767 --> 00:01:53,400
-[Adam] Is that correct, Mr. Lemmon?
-Yeah.

37
00:01:53,467 --> 00:01:56,300
I think we might have that.
Okay, is that it?

38
00:01:56,366 --> 00:01:57,300
Yes.

39
00:01:57,366 --> 00:02:00,567
Okay, so this is a document, Mr. Barnes,
that you provided to the court

40
00:02:00,633 --> 00:02:02,567
prior to coming in today.
I've reviewed it,

41
00:02:02,633 --> 00:02:05,767
and you will agree, would you not,
that there are several payments

42
00:02:05,834 --> 00:02:08,866
that are duplicates,
like these right here.

43
00:02:08,934 --> 00:02:11,767
That side; those are all duplicates
from the left side, right?

44
00:02:11,834 --> 00:02:15,066
The only one that's not is the top one,
which is a payment

45
00:02:15,133 --> 00:02:17,166
-on May 20 for $200.
-Yes.

46
00:02:17,233 --> 00:02:22,133
Okay, good. So, Mr. Lemmon, you add up all
those numbers and that equals $1,600,

47
00:02:22,200 --> 00:02:25,767
not $1,800. Do you want to amend
your answer to indicate and conform it

48
00:02:25,834 --> 00:02:28,400
to the proof that you were only paid
$1,600 and not $1,800?

49
00:02:28,466 --> 00:02:29,600
I did the math for you.

50
00:02:29,667 --> 00:02:30,700
Yeah. I agree with you.

51
00:02:30,767 --> 00:02:34,266
Okay. Because you, Mr. Lemmon,
you have no other independent evidence

52
00:02:34,333 --> 00:02:37,166
suggesting that you paid more than $1,600,
do you?

53
00:02:37,233 --> 00:02:38,567
I didn't bring any with me, no.

54
00:02:38,633 --> 00:02:40,700
And you knew that you were
coming today to court?

55
00:02:40,767 --> 00:02:42,500
And you knew that as part of the evidence

56
00:02:42,567 --> 00:02:45,100
that you were gonna be asked
to provide evidence of payment?

57
00:02:45,166 --> 00:02:47,734
I wasn't told that
I had to provide evidence.

58
00:02:47,800 --> 00:02:50,133
Forgetting about what you were told,
you go into a courtroom,

59
00:02:50,200 --> 00:02:54,433
and you're claiming that you paid $1,800,
regardless of what someone told you,

60
00:02:54,500 --> 00:02:57,934
you know, right, that you should've
brought it, and you didn't. That's okay.

61
00:02:58,000 --> 00:03:01,333
We can go on. All right,
do we have a photograph of this trailer?

62
00:03:01,400 --> 00:03:02,867
There we go. Hold on one second.

63
00:03:02,934 --> 00:03:06,233
Okay, Mr. Barnes, is that the trailer,
the 44-year-old Terry Trailer?

64
00:03:06,300 --> 00:03:08,300
-Yes.
-All right. Who took that photograph?

65
00:03:08,367 --> 00:03:10,934
-[Matthew] I did.
-Okay. When was that photograph taken?

66
00:03:11,000 --> 00:03:11,934
[Matthew]
Last summer.

67
00:03:12,000 --> 00:03:15,500
And that's the way the trailer looked when
you got it from the Plaintiff, Mr. Barnes?

68
00:03:15,567 --> 00:03:17,567
-Yes.
-Where was that photograph taken?

69
00:03:17,633 --> 00:03:20,233
It was taken in Baker City
at a RV park.

70
00:03:20,300 --> 00:03:21,900
-In an RV park.
-Right.

71
00:03:21,966 --> 00:03:24,233
And were you living in the trailer,
Mr. Lemmon?

72
00:03:24,300 --> 00:03:25,500
-You were?
-[Matthew] Yeah.

73
00:03:25,567 --> 00:03:27,000
-At that RV park?
-Yes.

74
00:03:27,066 --> 00:03:29,900
When was it that you purchased the vehicle
from Mr. Barnes?

75
00:03:29,966 --> 00:03:32,066
It was the year prior.

76
00:03:32,133 --> 00:03:35,133
So, it would've been
around December of 2021,

77
00:03:35,200 --> 00:03:36,066
-correct?
-Correct.

78
00:03:36,133 --> 00:03:40,900
So, you lived in the vehicle
December, 2021, then January of '22,

79
00:03:40,966 --> 00:03:45,033
February, March, April, May, June, July,
August, nine months.

80
00:03:45,100 --> 00:03:48,466
And that's approximately when the summer
of 2022 you took the photograph.

81
00:03:48,533 --> 00:03:49,400
Correct.

82
00:03:49,466 --> 00:03:51,166
You were living in it
for about nine months?

83
00:03:51,233 --> 00:03:52,200
-Yeah.
-[Adam] Okay.

84
00:03:52,266 --> 00:03:56,166
Do you have a copy, Mr. Lemmon,
of the agreement that you were provided?

85
00:03:56,233 --> 00:03:58,533
This one that's up on the screen
right now...

86
00:03:58,600 --> 00:04:00,133
He never gave me a copy of it.

87
00:04:00,200 --> 00:04:01,533
[Adam]
Is that true, Mr. Barnes,

88
00:04:01,600 --> 00:04:03,967
that you never gave the Defendant
a copy of that agreement?

89
00:04:04,033 --> 00:04:06,900
I sent him a picture of it,
so he had it for his records.

90
00:04:06,967 --> 00:04:08,667
[Adam]
Mr. Lemmon, could that be true...

91
00:04:08,734 --> 00:04:10,200
That could be true, he may have.

92
00:04:10,266 --> 00:04:15,633
Okay. What this says, and this contract
was signed in or around December of 2021,

93
00:04:15,700 --> 00:04:19,332
and the provisions indicate
that it's $400 a month for five months,

94
00:04:19,399 --> 00:04:23,000
starting in December of 2021
until it's all paid off.

95
00:04:23,066 --> 00:04:26,332
The total amount is $2,500
and it's "as is."

96
00:04:26,400 --> 00:04:32,400
$2,500, right here.
$2,500 "as is."

97
00:04:32,467 --> 00:04:33,600
-Right?
-Right.

98
00:04:33,667 --> 00:04:37,667
Mr. Lemmon, when you accepted
the terms and conditions of this contract,

99
00:04:37,734 --> 00:04:41,533
and took possession of the trailer,
you knew that you were buying it

100
00:04:41,600 --> 00:04:43,600
-in an "as is" condition, right?
-Correct.

101
00:04:43,667 --> 00:04:46,667
You know what that means,
is that it's coming just the way it is,

102
00:04:46,734 --> 00:04:50,266
that there are no warranties or
representations that are being made

103
00:04:50,332 --> 00:04:55,867
about it other than, you got a trailer,
it's 44-years-old, good luck.

104
00:04:55,933 --> 00:04:57,734
-Right.
-And you're an electrician, are you not?

105
00:04:57,800 --> 00:04:58,734
I have been.

106
00:04:58,800 --> 00:05:01,066
-[Adam] You're good with your hands.
-Yeah.

107
00:05:01,133 --> 00:05:05,166
So, you know that being good with your
hands and being able to fix things,

108
00:05:05,233 --> 00:05:07,967
that you could take just
about anything that was given to you

109
00:05:08,033 --> 00:05:10,667
and pretty much fix it on your own,
just by buying parts.

110
00:05:10,734 --> 00:05:12,400
-Correct.
-[Adam] And that's why

111
00:05:12,467 --> 00:05:15,467
you were willing to accept
a 44-year-old trailer

112
00:05:15,533 --> 00:05:19,100
that I would never, only because
I'm not nearly as good fixing stuff

113
00:05:19,166 --> 00:05:22,000
as I'm sure you are, but that's the reason
you felt comfortable doing it.

114
00:05:22,066 --> 00:05:23,166
-Correct.
-[Adam] Okay.

115
00:05:23,233 --> 00:05:25,600
The problem that I have
is the terms of this contract

116
00:05:25,667 --> 00:05:27,867
-call for five payments...
-Yes.

117
00:05:27,934 --> 00:05:30,834
-[Adam] ...of $400 a month.
-Yes.

118
00:05:30,900 --> 00:05:34,266
That's $2,000. Where does
the $2,500 come from?

119
00:05:34,332 --> 00:05:36,332
[Kenneth]
Well, until it was paid off.

120
00:05:36,400 --> 00:05:39,367
He got a hold of me, said he was
struggling, he was missing work, so...

121
00:05:39,433 --> 00:05:42,332
But you would agree with me,
would you not, Mr. Barnes,

122
00:05:42,400 --> 00:05:45,233
-that four times five equals 20.
-Yes.

123
00:05:45,300 --> 00:05:48,933
-And $400 times five is $2,000.
-Yes.

124
00:05:49,000 --> 00:05:54,133
And that contract does not say
that there are gonna be five payments

125
00:05:54,200 --> 00:05:58,367
of $400 plus a $500 payment.
It doesn't say that.

126
00:05:58,433 --> 00:05:59,367
No.

127
00:05:59,433 --> 00:06:02,367
And it's somewhat ambiguous and
confusing in that respect.

128
00:06:02,433 --> 00:06:03,300
Yes.

129
00:06:03,367 --> 00:06:05,066
And you prepared that document, right?

130
00:06:05,133 --> 00:06:08,800
Yes, because I... originally he was gonna
give me some money down,

131
00:06:08,867 --> 00:06:12,567
but I made that contract before
he was able to give me any money down.

132
00:06:12,633 --> 00:06:15,800
But Mr. Lemmon, from your answer,
you indicated that when

133
00:06:15,867 --> 00:06:18,700
you took possession of it,
that you contacted Mr. Barnes

134
00:06:18,767 --> 00:06:20,600
and you said there
wasn't something quite right

135
00:06:20,667 --> 00:06:22,367
and he agreed to modify the price anyway.

136
00:06:22,433 --> 00:06:24,867
It was $2,000, no matter what
he put on the contract.

137
00:06:24,934 --> 00:06:27,233
Then, after I contacted him
and said nothing's working,

138
00:06:27,300 --> 00:06:28,900
he's like, I'll take another $200 off.

139
00:06:28,967 --> 00:06:31,100
That was verbal between the two of us.

140
00:06:31,166 --> 00:06:34,332
So, you're saying that it was $1,800?

141
00:06:34,400 --> 00:06:37,066
[announcer]
Coming up on Tribunal Justice...

142
00:06:37,133 --> 00:06:39,000
[Matthew]
This is the hot water heater.

143
00:06:39,066 --> 00:06:42,600
You really can't tell,
but it doesn't work at all.

144
00:06:42,667 --> 00:06:46,633
Gas, power, nothing.
Twelve volt doesn't work, period.

145
00:06:46,700 --> 00:06:52,467
I mean, he really did sell you
a pretty janky trailer. I'm sorry.

146
00:06:52,533 --> 00:06:54,467
-I... Yeah, he did.
-[laughing] He did.

147
00:07:01,100 --> 00:07:04,400
[announcer] Kenneth Barnes
is suing buyer, Matthew Lemmon,

148
00:07:04,467 --> 00:07:07,867
for the balance owed on the trailer
Matthew purchased.

149
00:07:07,934 --> 00:07:10,834
Matthew claims certain things were broken

150
00:07:10,900 --> 00:07:14,467
and Kenneth misrepresented
the trailer's condition.

151
00:07:14,533 --> 00:07:17,266
I tried to help you out as much as I could
there, Mr. Lemmon,

152
00:07:17,332 --> 00:07:20,300
by getting the Plaintiff to acknowledge
that the $2,500 figure

153
00:07:20,367 --> 00:07:23,633
didn't equal up to his math,
and I got you down to $2,000.

154
00:07:23,700 --> 00:07:26,900
If there's any way to do it any further,
I'm sure Judge Acker or Judge DiMango

155
00:07:26,967 --> 00:07:28,734
might be able to do something more.
Judge Acker?

156
00:07:28,800 --> 00:07:31,800
I'm not inclined to 'cause I think
you just welched on the deal.

157
00:07:31,867 --> 00:07:34,767
I'm not inclined to help you a little bit.
Judge Levy:

158
00:07:34,834 --> 00:07:37,900
You knew you were buying it
in an "as is" condition.

159
00:07:37,967 --> 00:07:41,734
Mr. Lemmon: Yes.
There's your case. Why are you here?

160
00:07:41,800 --> 00:07:42,734
Why didn't you pay him?

161
00:07:42,800 --> 00:07:45,300
Because when I was there,
and I have my witness to prove it,

162
00:07:45,367 --> 00:07:49,400
he specifically said, everything
in this trailer functions correctly.

163
00:07:49,467 --> 00:07:52,600
Everything works.
And I know I signed it "as is"...

164
00:07:52,667 --> 00:07:56,033
[Tanya]
Exactly. You signed an "as is" agreement.

165
00:07:56,100 --> 00:08:00,633
It's a 1977 year old trailer!
It's 46-years-old

166
00:08:00,700 --> 00:08:04,834
and you're suggesting that somehow, it was
supposed to be in perfect working order?

167
00:08:04,900 --> 00:08:08,166
I took his word. Because you're supposed
to be honest with people, correct?

168
00:08:08,233 --> 00:08:10,567
Yeah, you're also supposed to
live up to your word

169
00:08:10,633 --> 00:08:12,433
and not welch on deals that you make.

170
00:08:12,500 --> 00:08:14,867
He shouldn't have lied to me and
told me everything worked.

171
00:08:14,934 --> 00:08:18,066
So, let's talk about that, Mr. Barnes,
because what the Defendant

172
00:08:18,133 --> 00:08:22,600
is now suggesting is that you
made affirmative misrepresentations

173
00:08:22,667 --> 00:08:25,934
about the nature of the trailer.
I'd even go so far as to say

174
00:08:26,000 --> 00:08:28,834
that he's saying you defrauded him.
Who is your witness?

175
00:08:28,900 --> 00:08:30,600
This is my son, Cody.

176
00:08:30,667 --> 00:08:32,200
What does he know about this transaction?

177
00:08:32,265 --> 00:08:34,165
He was there with the whole thing...

178
00:08:34,232 --> 00:08:37,700
[Tanya] Was he present when you exchanged
the money and exchanged the trailer?

179
00:08:37,767 --> 00:08:40,799
No, because all the money
was through Cash App.

180
00:08:40,866 --> 00:08:44,700
What did you tell Mr. Lemmon
about the condition of the trailer?

181
00:08:44,767 --> 00:08:49,000
I told him it's been sitting since 2017
when my mom passed.

182
00:08:49,066 --> 00:08:52,033
And that there's probably gonna be
some stuff wrong with it.

183
00:08:52,100 --> 00:08:56,467
Because, like, the roof had a hole in it.
Like, even when I put it on Craigslist,

184
00:08:56,533 --> 00:08:58,633
I don't have the [indistinct]
for that anymore.

185
00:08:58,700 --> 00:09:02,000
It said that there was problems with it,
that it is an older trailer.

186
00:09:02,066 --> 00:09:05,133
I mean, it strikes me, Mr. Lemmon,
that a reasonable person

187
00:09:05,200 --> 00:09:08,700
would not concluded that
a 46-year-old vehicle was going to work...

188
00:09:08,767 --> 00:09:10,867
-Don't interrupt me, please.
-Sorry.

189
00:09:10,934 --> 00:09:14,367
[Tanya] It strikes me that it's
not reasonable to believe that the trailer

190
00:09:14,433 --> 00:09:17,834
would be in perfect working order.
And more to the point,

191
00:09:17,900 --> 00:09:22,300
you, with your very skilled hands and
all of your knowledge

192
00:09:22,367 --> 00:09:25,000
about how to fix things and
make them work,

193
00:09:25,066 --> 00:09:27,900
why not just look it over
before you buy it?

194
00:09:27,967 --> 00:09:30,900
It was in a parking lot,
we couldn't plug it in.

195
00:09:30,967 --> 00:09:34,700
And he assured me everything worked.
I didn't expect everything to work

196
00:09:34,767 --> 00:09:36,100
'cause it's 44-years-old.

197
00:09:36,165 --> 00:09:39,700
Okay, so, let me stop you right there.
Because when you say that

198
00:09:39,767 --> 00:09:43,900
he assured you that everything worked,
and I'm just taking you at face value...

199
00:09:43,967 --> 00:09:48,300
There is a term in the law when
you're thinking about how to consider

200
00:09:48,367 --> 00:09:51,734
whether or not a claim constitutes
an affirmative misrepresentation,

201
00:09:51,800 --> 00:09:56,500
or whether or not a claim by a salesperson
is just what's described as puffery.

202
00:09:56,567 --> 00:09:58,300
-Right. Like puffery is...
-Right.

203
00:09:58,367 --> 00:10:00,800
...it's the most beautiful trailer
in the world!

204
00:10:00,867 --> 00:10:04,367
This trailer will make you happy just like
it made us happy. That's puffery.

205
00:10:04,433 --> 00:10:08,400
You're shifting all of the responsibility
back to him

206
00:10:08,467 --> 00:10:11,033
when you signed the document
that says "as is."

207
00:10:11,100 --> 00:10:13,467
Not when he assures me everything works.

208
00:10:13,533 --> 00:10:15,533
But you yourself just said...

209
00:10:15,600 --> 00:10:18,133
I know, but if you look at the inside,
it looks nice.

210
00:10:18,200 --> 00:10:20,700
You keep saying he assured you.
And you said

211
00:10:20,767 --> 00:10:23,233
right after the first time
you mentioned that to me,

212
00:10:23,300 --> 00:10:26,200
or one of the times you mentioned that
to me, you said, but you know,

213
00:10:26,266 --> 00:10:29,033
it's not like I really expected
everything to work.

214
00:10:29,100 --> 00:10:32,266
So, even if he told you everything worked,
you knew that wasn't the case.

215
00:10:32,333 --> 00:10:36,333
That is not a reasonable thing to conclude
of a 46-year-old vehicle.

216
00:10:36,400 --> 00:10:38,433
But I expected some things to work.

217
00:10:38,500 --> 00:10:41,333
Okay, I understand you have a video.
Let's look at your video.

218
00:10:49,667 --> 00:10:51,233
[laughs]

219
00:11:06,800 --> 00:11:09,133
[laughs]

220
00:11:13,133 --> 00:11:19,133
I mean, he really did sell you
a pretty janky trailer. I'm sorry.

221
00:11:19,200 --> 00:11:21,333
-Yeah, he did.
-He did,

222
00:11:21,400 --> 00:11:23,567
but you know, maybe I'll end
where I started,

223
00:11:23,633 --> 00:11:26,767
you welched on a deal and/or
maybe you just made a bad deal.

224
00:11:26,834 --> 00:11:29,166
I don't know. I'm gonna talk about it
with my colleagues.

225
00:11:29,233 --> 00:11:32,834
Thank you. Thank you for your candor.
You're a good sport. Judge DiMango?

226
00:11:32,900 --> 00:11:36,200
You bought a lemon tree. Not just a lemon,
you bought the whole tree.

227
00:11:36,266 --> 00:11:37,133
Yep.

228
00:11:37,200 --> 00:11:41,700
But I did notice you submitted a piece of
evidence about a refrigerator for $2,300.

229
00:11:41,767 --> 00:11:45,633
See, I would think any man
with any kind of background

230
00:11:45,700 --> 00:11:51,266
and who wants to tinker around with things
would not be looking to spend $2,300

231
00:11:51,333 --> 00:11:55,467
on a refrigerator for a trailer
that's 44-years-old

232
00:11:55,533 --> 00:11:59,600
for which you paid $2,500.
There are many refrigerators

233
00:11:59,667 --> 00:12:02,734
that are just a couple of hundred dollars
that, you know, kids take

234
00:12:02,800 --> 00:12:05,467
when they go away to college
that you would put in there.

235
00:12:05,533 --> 00:12:07,100
-Would you agree?
-I agree.

236
00:12:07,166 --> 00:12:10,900
[Patricia] The other thing is that
you're an electrician, and you did go...

237
00:12:10,967 --> 00:12:12,800
I've built trailers...

238
00:12:12,867 --> 00:12:15,567
You've built them!
That's what I read in his papers.

239
00:12:15,633 --> 00:12:19,667
You manufacture them, you worked for them.
You looked at this and you were like,

240
00:12:19,734 --> 00:12:22,066
I could live to 200,
I'm gonna fix this this thing

241
00:12:22,133 --> 00:12:25,400
every day for the rest of my life.
I'm never gonna be bored. Right?

242
00:12:25,467 --> 00:12:26,433
Well, yeah.

243
00:12:26,500 --> 00:12:29,867
Yeah, you kinda did. You know,
I'm not gonna make the battle of the sons,

244
00:12:29,934 --> 00:12:33,133
but I think your son will defend you and
your son will defend you.

245
00:12:33,200 --> 00:12:37,100
And they will do so with all their heart
and about this much credibility

246
00:12:37,165 --> 00:12:39,333
from all of us 'cause
we know they love you.

247
00:12:39,400 --> 00:12:42,633
So, my question is when you went there,
you went twice to check it out.

248
00:12:42,700 --> 00:12:44,834
What'd you do?
-The second time was to pick it up.

249
00:12:44,900 --> 00:12:46,834
[Patricia] Okay.
But don't they have gadgets now

250
00:12:46,900 --> 00:12:50,200
that you can hook up electricity
without actually having electricity?

251
00:12:50,266 --> 00:12:52,567
-A generator.
-[Patricia] That's what they are?

252
00:12:52,633 --> 00:12:55,700
Did you have a generator where you
would go and plug it in and say, oh,

253
00:12:55,767 --> 00:12:58,834
this doesn't work, oh, this doesn't work.
And you know what he would've said to you?

254
00:12:58,900 --> 00:13:01,667
What do you want for $2,000?
What do you want?

255
00:13:01,734 --> 00:13:04,133
What do you want, the Taj Mahal?
What do you want from me?

256
00:13:04,200 --> 00:13:07,166
Would you agree with that as well?
That that's what he was gonna say to you.

257
00:13:07,233 --> 00:13:09,967
I agree that some things should work.
I mean, something...

258
00:13:10,033 --> 00:13:11,266
Well, did the water go on?

259
00:13:11,333 --> 00:13:14,133
When I turned it on, it just poured out
the bottom of the trailer.

260
00:13:14,200 --> 00:13:17,400
There you go. You didn't say you wanted it
to come out of the sink, did you?

261
00:13:17,467 --> 00:13:20,000
You just said, does it work?
He goes, yeah, it works.

262
00:13:20,066 --> 00:13:24,100
Turn it on, put a little cup under there,
you got yourself a cup of water.

263
00:13:24,166 --> 00:13:26,800
When was the last time you did anything
with that trailer?

264
00:13:26,867 --> 00:13:29,500
-It was around 2017.
-[Patricia] Did you tell him that?

265
00:13:29,567 --> 00:13:31,133
-Yes.
-[Patricia] I think you told him.

266
00:13:31,200 --> 00:13:33,533
I want this out of the driveway,
it's taking up space.

267
00:13:33,600 --> 00:13:35,600
Where were you living
before you moved into the trailer?

268
00:13:35,667 --> 00:13:37,600
I was staying in a motor home.

269
00:13:37,667 --> 00:13:39,367
So, you were in another motor home.

270
00:13:39,433 --> 00:13:41,967
So, you do live in it, right?
You live in it now.

271
00:13:42,033 --> 00:13:43,500
No, I'm living in an apartment now.

272
00:13:43,567 --> 00:13:45,567
Are you gonna live there
at any point in time?

273
00:13:45,633 --> 00:13:48,533
-If I can get things fixed, yeah.
-[Patricia] What do you need fixed?

274
00:13:48,600 --> 00:13:50,900
-I need a new refrigerator.
-Okay, that we figured already.

275
00:13:50,967 --> 00:13:53,133
Everything, he needs everything.

276
00:13:53,200 --> 00:13:57,367
I've rewired everything because the wiring
was so janky, it was ridiculous...

277
00:13:57,433 --> 00:14:00,600
But you had to see this
when you went to look at it.

278
00:14:00,667 --> 00:14:03,367
You can't see the wiring
until you pull it out and plug it in.

279
00:14:03,433 --> 00:14:06,600
Then you see the outlets and
the light switches are wired cockeyed.

280
00:14:06,667 --> 00:14:09,567
You know, if you're a dentist, the first
thing you look at is somebody's teeth.

281
00:14:09,633 --> 00:14:12,133
If you're an electrician,
the first thing you look at is the wiring.

282
00:14:12,200 --> 00:14:14,133
I should've
pulled the light switches off and...

283
00:14:14,200 --> 00:14:18,266
You don't go in and say, 44-years-old,
I betcha this baby's really intact.

284
00:14:18,333 --> 00:14:19,867
-You just don't say it.
-[laughs]

285
00:14:19,934 --> 00:14:22,100
Yeah, I should've
pulled the light switches off...

286
00:14:22,166 --> 00:14:24,100
You should've done something.

287
00:14:24,166 --> 00:14:26,233
[announcer]
Coming up on Tribunal Justice...

288
00:14:26,300 --> 00:14:27,934
What'd you really sell it for?

289
00:14:28,000 --> 00:14:29,934
-Twenty-five hundred.
-It wasn't twenty-five.

290
00:14:30,000 --> 00:14:32,633
You wanted to get rid of it.
You were happy with $2,000.

291
00:14:32,700 --> 00:14:34,200
-Come on!
-I could do $2,000.

292
00:14:34,266 --> 00:14:38,333
You could do $2,000. I like to negotiate.
I'm a good negotiator.

293
00:14:47,033 --> 00:14:50,567
So, I'm not so sure that "as is,"
under these circumstances

294
00:14:50,633 --> 00:14:54,266
means as you want it to be. You know,
that's a hope and a prayer here.

295
00:14:54,333 --> 00:14:56,834
I was just hoping something would work.

296
00:14:56,900 --> 00:15:00,567
I do want to get to another point.
How much was this trailer really worth?

297
00:15:00,633 --> 00:15:04,600
'Cause I don't care about you. I do
the multiplication in my head at home,

298
00:15:04,667 --> 00:15:08,433
then when I think I'm way off, I get
my little phone and I go to calculator.

299
00:15:08,500 --> 00:15:12,233
-Five times $400 is $2,000.
-[Kenneth] Okay.

300
00:15:12,300 --> 00:15:15,600
-You wrote out a document for $2,500.
-Yes.

301
00:15:15,667 --> 00:15:17,800
What was the price you agreed on?

302
00:15:17,867 --> 00:15:22,033
It was $2,500. He said he was
gonna be able to give me $500 that day.

303
00:15:22,100 --> 00:15:24,533
And then, when he
didn't give it to you that day,

304
00:15:24,600 --> 00:15:26,266
you just said $2,000.

305
00:15:26,333 --> 00:15:28,967
I just was worried about
getting it out of there.

306
00:15:29,033 --> 00:15:31,734
You wanted to get rid of it.
You were happy with $2,000.

307
00:15:31,800 --> 00:15:35,834
Come on, you were happy with $2,000.
You knew he was buying it for $2,000.

308
00:15:35,900 --> 00:15:38,633
That's why you weren't so crazed
over the $1,600.

309
00:15:38,700 --> 00:15:42,300
So then, you bring it down $200 more,
from let's just say,

310
00:15:42,367 --> 00:15:45,367
wherever you were at,
wherever the number was initially.

311
00:15:45,433 --> 00:15:49,000
So, that brought it down to $2,300.
What'd you really sell it for?

312
00:15:49,066 --> 00:15:51,200
No, it was $2,500, but...

313
00:15:51,266 --> 00:15:54,333
It wasn't $2,500. It was either $2,300
or something else.

314
00:15:54,400 --> 00:15:57,633
But we know right now it wasn't $2,500.
Are we good with $2,000 here?

315
00:15:57,700 --> 00:15:59,967
-I could do $2,000. Yeah.
-You could do $2,000, yeah.

316
00:16:00,100 --> 00:16:02,667
I like to negotiate.
I'm a good negotiator.

317
00:16:02,734 --> 00:16:06,834
With the price of the housing and stuff,
like, mine was the cheapest on the market.

318
00:16:06,900 --> 00:16:08,433
'Cause everyone was selling theirs...

319
00:16:08,500 --> 00:16:10,934
Yours was the only one
that had nothing working, that's why.

320
00:16:11,000 --> 00:16:14,700
I don't know what you're expecting here.
Mine was cheap, didn't have an inside.

321
00:16:14,767 --> 00:16:18,867
No wheels, no inside. Mine was cheap.
Yes, of course.

322
00:16:18,934 --> 00:16:21,934
It's like, I was selling ice in the winter
and it was a good price,

323
00:16:22,000 --> 00:16:24,633
it was only five cents a block.
Everybody's got ice in the winter.

324
00:16:24,700 --> 00:16:26,734
I don't think you were offering
too much up there.

325
00:16:26,800 --> 00:16:31,800
So, if you paid that, you're still short.
You can't decide, at this point,

326
00:16:31,867 --> 00:16:36,233
that it's only $1,600 now.
And that was all you paid, $1,600.

327
00:16:36,300 --> 00:16:39,500
You guys never did any math, right,
in your jobs and your careers,

328
00:16:39,567 --> 00:16:42,533
'cause the both of you are like
all over the place.

329
00:16:42,600 --> 00:16:44,467
I don't think I have any other questions.

330
00:16:44,533 --> 00:16:46,800
I feel satisfied
with your renegotiated price.

331
00:16:46,867 --> 00:16:49,900
I just have one. So, the vehicle
is in your possession, Mr. Lemmon?

332
00:16:49,967 --> 00:16:51,834
-[Matthew] Correct.
-Do you have the title?

333
00:16:51,900 --> 00:16:54,367
-No.
-Whatever decision we make today,

334
00:16:54,433 --> 00:16:56,233
-Mr. Barnes, you have the title.
-[Kenneth] Yes.

335
00:16:56,300 --> 00:16:59,100
And to the extent that we issue a decision
in your favor

336
00:16:59,165 --> 00:17:01,967
and direct the Defendant to pay you
the remaining amount,

337
00:17:02,033 --> 00:17:04,300
you have the title today
that you can sign over to him?

338
00:17:04,367 --> 00:17:05,867
-[Kenneth] Yes.
-I wanted to confirm that.

339
00:17:05,934 --> 00:17:07,767
We're gonna retire to deliberate.
Thank you.

340
00:17:07,834 --> 00:17:09,967
-Thank you.
-Court now stands in recess.

341
00:17:10,032 --> 00:17:11,266
Parties are excused.

342
00:17:12,867 --> 00:17:16,367
All right, so, uh, 44-year-old trailer,
just think about that.

343
00:17:16,433 --> 00:17:21,200
That trailer was built when Jimmy Carter
was in the White House.

344
00:17:21,266 --> 00:17:23,867
Jimmy Carter! I mean...

345
00:17:23,934 --> 00:17:27,165
And you wonder that there was things that.
The fridge had never been changed

346
00:17:27,233 --> 00:17:29,300
in 44 years, I don't know why
it wasn't working.

347
00:17:29,367 --> 00:17:32,166
The hot water heater was 44...
Why is it not working?

348
00:17:32,233 --> 00:17:34,166
There was water,
it came out through the floor.

349
00:17:34,233 --> 00:17:35,867
But he assured him!

350
00:17:35,934 --> 00:17:38,667
It's all good.
These aren't bad guys at all.

351
00:17:38,734 --> 00:17:40,967
So, in essence,
we have a written contract.

352
00:17:41,033 --> 00:17:45,333
It was confusing, it was not well written.
The Plaintiff concedes that.

353
00:17:45,400 --> 00:17:46,867
Not mathematically sound.

354
00:17:46,934 --> 00:17:49,300
And the math, boy,
that sent me for a loop.

355
00:17:49,367 --> 00:17:53,066
So, yeah, $2,000 or $2,500.
And then, you have the Plaintiff

356
00:17:53,133 --> 00:17:55,500
acknowledging that he agreed
to take some of the money off,

357
00:17:55,567 --> 00:17:58,233
at least $200 off.
I think at the end of the day,

358
00:17:58,300 --> 00:18:01,600
if there's an ambiguity in the contract
that goes against the drafter,

359
00:18:01,667 --> 00:18:05,734
I think that, Pat, you were right on
the money as far as negotiating with him.

360
00:18:05,800 --> 00:18:08,700
He would take $2,000, the Plaintiff,
and that's true.

361
00:18:08,767 --> 00:18:12,700
He would take $2,000 and he's paid $1,600,
so he's owed $400

362
00:18:12,767 --> 00:18:15,700
by the Defendant. And I believe
that the order should be

363
00:18:15,767 --> 00:18:18,166
that the Defendant is directed
to pay $400,

364
00:18:18,233 --> 00:18:21,567
and then, the Plaintiff is directed to
sign the title over to the Defendant.

365
00:18:21,633 --> 00:18:23,133
All of that, I'm on board.

366
00:18:23,200 --> 00:18:25,934
I'm on board too. And you are sure
that's what you were gonna say to me.

367
00:18:26,000 --> 00:18:27,834
-I think so.
-Okay, done.

368
00:18:30,700 --> 00:18:33,533
Court is back in session. Parties
are reminded you're still under oath.

369
00:18:33,600 --> 00:18:36,333
Thank you, Byrd. Mr. Barnes, Mr. Lemmon,
first of all,

370
00:18:36,400 --> 00:18:38,233
thank you for coming in today,
being respectful,

371
00:18:38,300 --> 00:18:42,066
and allowing Tribunal here to listen
to the evidence and to rule on your case.

372
00:18:42,133 --> 00:18:45,367
And thank you to both you boys for
coming in and being prepared to testify

373
00:18:45,433 --> 00:18:48,567
on behalf of the both of you.
Just so you two know,

374
00:18:48,633 --> 00:18:50,967
the reason why we didn't ask either of you
to come up

375
00:18:51,033 --> 00:18:54,333
is we had seen a copy of your statements,
and there was no doubt

376
00:18:54,400 --> 00:18:57,133
that you would've testified consistently
with those statements.

377
00:18:57,200 --> 00:19:00,200
But at the end of the day and
based upon the way the law reads

378
00:19:00,266 --> 00:19:04,000
when it comes to used vehicles and
those specifically sold as is,

379
00:19:04,066 --> 00:19:07,100
representations made by a seller
to a buyer,

380
00:19:07,166 --> 00:19:08,900
really don't amount to a hill of beans,

381
00:19:08,967 --> 00:19:11,033
and that should act as a lesson
to the both of you.

382
00:19:11,100 --> 00:19:14,200
So, when you buy vehicles, and
you will buy lots of them in your time,

383
00:19:14,300 --> 00:19:17,166
and if it's a used one,
and when it comes as is,

384
00:19:17,233 --> 00:19:20,200
just remember this little episode here,
do your homework,

385
00:19:20,266 --> 00:19:23,800
and make sure that you're getting exactly
what it is that you know you're getting.

386
00:19:23,867 --> 00:19:26,367
Because if you take it, you buy it,
you drive it away,

387
00:19:26,433 --> 00:19:29,934
it's as is. You won't have an opportunity
to argue later on.

388
00:19:30,000 --> 00:19:31,800
I just wanted to make that clear.

389
00:19:31,867 --> 00:19:34,367
All right. And Mr. Barnes,
what do you learn from this?

390
00:19:34,433 --> 00:19:38,233
Well, he who drafts a contract
that is ambiguous,

391
00:19:38,300 --> 00:19:40,533
-does so at his own risk.
-Yeah.

392
00:19:40,600 --> 00:19:42,800
[Adam] And so, in essence,
you drafted a contract

393
00:19:42,867 --> 00:19:46,834
that had some inconsistent math in it.
I understand what you said.

394
00:19:46,900 --> 00:19:51,333
It was $400 a month for five months,
which is $2,000.

395
00:19:51,400 --> 00:19:54,967
But the sale price is $2,500 and
the Defendant was to continue paying

396
00:19:55,033 --> 00:19:57,700
after the $2,000 was paid,
that's confusing.

397
00:19:57,767 --> 00:20:02,367
As a result, the law allows us to then
look at the contract and to say,

398
00:20:02,433 --> 00:20:05,867
well, what is the amount
that no one can dispute?

399
00:20:05,934 --> 00:20:10,467
And what no one can dispute is $2,000.
And that is what we all

400
00:20:10,533 --> 00:20:13,967
unanimously decided in back.
And it's what you quite frankly agreed to

401
00:20:14,033 --> 00:20:16,266
with respect to Judge DiMango,
and it was smart.

402
00:20:16,333 --> 00:20:19,567
So, the contract price was $2,000.
And Mr. Lemmon, you would agree

403
00:20:19,633 --> 00:20:23,867
that you paid $1,600, and
that leaves $400 left on the contract.

404
00:20:23,934 --> 00:20:26,967
And the unanimous verdict of the court
is that you, Mr. Lemmon,

405
00:20:27,033 --> 00:20:31,567
pay $400 to the Plaintiff and that takes
care of the trailer and the contract.

406
00:20:31,633 --> 00:20:36,867
You, however, Mr. Barnes, are required
to sign over the title to Mr. Lemmon

407
00:20:36,934 --> 00:20:40,467
so that you can do with it as you see fit.
Fix it, live, sell...

408
00:20:40,533 --> 00:20:43,800
Who knows, one day you might be in it.
That is the verdict of the court.

409
00:20:43,867 --> 00:20:46,133
-And thank you all for coming.
-[Kenneth] Thank you.

410
00:20:46,200 --> 00:20:49,300
This case is now concluded.
Parties are excused, you may step out.

411
00:20:51,166 --> 00:20:54,834
It was fair. I admit I owe the money,
but I mean...

412
00:20:54,900 --> 00:20:58,200
I think it was a good call. You know,
it was like, it was an older trailer.

413
00:20:58,300 --> 00:21:00,367
I think $2,000 is a good deal for it.

414
00:21:00,433 --> 00:21:03,533
When I got it home, plugged in,
I was very upset.

415
00:21:03,600 --> 00:21:06,667
Uh, we gave him an opportunity
to plug it in at my place.

416
00:21:06,734 --> 00:21:10,367
No, 'cause it was in a parking lot
where there was no electricity

417
00:21:10,433 --> 00:21:11,600
or water accessible.

418
00:21:11,667 --> 00:21:15,700
It was in a storage unit, or
storage facility, so it was taken care of.

419
00:21:15,767 --> 00:21:20,100
The refrigerator worked, the lights
would all work... plumbing would work...

420
00:21:20,166 --> 00:21:24,266
You go out of your way and try to be kind,
you know, 'cause it was hard times.

421
00:21:24,333 --> 00:21:28,333
So, like, let somebody do payments...
Then, here we are.

422
00:21:28,400 --> 00:21:30,266
Got home, nothing worked.

423
00:21:30,333 --> 00:21:31,400
It was working.

424
00:21:31,467 --> 00:21:35,000
I'll fix it back up. Yeah. I've already
done a lot of work to it, so...

425
00:21:35,066 --> 00:21:39,033
It was 2017 when I had it last, so...

426
00:21:39,100 --> 00:21:40,266
Keep moving forward, yep.

427
00:21:40,333 --> 00:21:41,533
Buyer beware.

428
00:21:41,600 --> 00:21:44,300
[announcer] Are you a victim of a scam?

429
00:21:44,367 --> 00:21:47,333
Let Tribunal Justice decide your case.

430
00:21:47,400 --> 00:21:50,367
Find us on social media
at Tribunal Justice.

431
00:21:50,433 --> 00:21:52,433
[end theme music plays]