Is it ethical to send an email out to notify all the local surveyors of a client who decided not to pay their balance, because the survey didn't come out how they wanted it??ÿ Even demanded their retainer back.
In case they try calling around for a surveyor who will do it right
This question makes me think of the person that burned themself on the hot coffee, then sued McDonald's - and won.
I don't doubt that if one were to perform this service for the local surveying community, the "victim" could potentially sue and win, under some obscure-to-me legal argument.
Years ago I thought it would be a wonderful service if our state surveyor's association would keep and maintain a list of "deadbeat clients" for the membership. I didn't bother to suggest it, as I suspected it would open the association up to too many liabilities. I'm sure the idea would have been shot down early in the discussion phase by wiser minds.
My answer: Ethical - I don't know. A smart move - probably not, considering the potential for being named in a lawsuit.
Send them a final bill, record your survey, and if they don't pay, lien the property.
If they decide to get a second opinion, the next professional should be able to figure it out on their own...
I would not do that.?ÿ
I would say it's not ethical.
Emails are forever.
No, not going to do it.?ÿ But just made me wonder about it.?ÿ If I know that a potential client had previously used another surveyor, I usually call them to see if they've been paid for their work.?ÿ This would be something similar and preemptive, but in reverse.
No, not going to do it.?ÿ But just made me wonder about it.?ÿ If I know that a potential client had previously used another surveyor, I usually call them to see if they've been paid for their work.?ÿ This would be something similar and preemptive, but in reverse.
Slander comes to mind with an action like that, what Radar says makes the most sense. A lien is public and tells the story.
slander and libel are off the table if it's true?ÿ ?ÿuntil they pay, it's true.
This question makes me think of the person that burned themself on the hot coffee, then sued McDonald's - and won.
Bad example. McDonald's was clearly in the wrong. Only reason that it went to court was because they refused to accept the initial settlement offer of covering just medical expenses and lost wages. Then it came out in court that their policy was to hold coffee at dangerous temps without warning customers, they had known it was unsafe for years, and there were hundreds of similar incidents also involving third-degree burns. The jury, not the plaintiff, decided on the punitive damages.
It's weird to me that it became the poster child for frivolous lawsuits, because it wasn't even close.
Not sure, though, how it'd be slander if it's a fact that I completed a survey and they have stated they're not going to pay the balance.?ÿ Or maybe I wait a few months, then I can say that they haven't paid the balance, and have demanded a refund of the retainer
?ÿ
hijacking my own thread
While requesting and getting assistance from another surveyor one time I did mention that he might want to bone up on everything he knew about that area because I figured the adjoiner was a litigious sort and might want to have a second surveyor in his corner NO MATTER WHERE THE PROPERTY LINE WAS DETERMINED TO BE BY ME. He would have been the most likely surveyor to be contacted.
BTW, I have had a few cases of non-payment that were turned into 'never pay' situations.?ÿ The first was an oil company LLC.?ÿ The second was a couple who were both collecting disability checks as their sole income and the property involved was worth less than the cost of the survey.?ÿ The third was for a survey of land to be purchased once split per my survey and that deal never closed and the client moved out of state and the client's employment can't be tracked down easily.?ÿ In this case, the land owner is a former client in good standing who got shafted on the split survey and has no plans to need the split survey now.
S#it happens.
Defamation and/or slander (libel) would likely be "on the table" against you if you publicly "blacklist" someone, etc.
watch out for slander.?ÿ It would appear to be ok to let all the other surveyors know you recently performed a survey on that property and if they have any questions, to please call you.?ÿ Then you can tell them you will release your information when you get paid - should raise red flags.
@hpalmer?ÿ
It was just a hypothetical.?ÿ I'd be more apt to mention something like that over a beer with someone.?ÿ I agree, emails can be deadly
@jph understood.?ÿ I do think it ok and ethical to blast an email that I recently performed a survey on joe's property but not wise to let everyone know joe did not pay.
This question makes me think of the person that burned themself on the hot coffee, then sued McDonald's - and won.
Bad example. McDonald's was clearly in the wrong. Only reason that it went to court was because they refused to accept the initial settlement offer of covering just medical expenses and lost wages. Then it came out in court that their policy was to hold coffee at dangerous temps without warning customers, they had known it was unsafe for years, and there were hundreds of similar incidents also involving third-degree burns. The jury, not the plaintiff, decided on the punitive damages.
It's weird to me that it became the poster child for frivolous lawsuits, because it wasn't even close.
Actually, if you think about the hypothetical question in the original post, it's a very apt example. The McDonald's coffee burn was a case in which the "common sense" public perception was solidly trumped by evidence and application of existing law by a jury in court. While some of us might think it a good idea to share the identities of clients likely to dodge paying for our services, it could go badly for surveyors participating in such "collusion". Already mentioned above was libel and slander. There may be other possible arguments that a non-paying jerk could try in court.
What cracks me up about this is that the banks and credit card companies have an entire system built for reporting bad creditors to each other. As we all know, those with deep pockets often benefit from "more equal" protection under our laws.
Yeah, I'd expect it to backfire one way or another even though it really shouldn't.
@peter-lothian except the public perception might not be based on the facts in this case.
The idea of slander in this situation is that the client is contesting that the survey is valid.
The client is saying the contract wasn't held up by the surveyor.?ÿ
I don't doubt that what the OP is saying is true, but a court may not rule in his favor if it gets to that point and those emails won't help his case at all.?ÿ
The point I'm making is that emails aren't a great way to go.?ÿ