Shalimar, FL asked in Civil Litigation for Florida

Q: Expensive rug in exchange for handyman work

My neighbor wanted an expensive rug I had to give as a gift but she didn't have the $400 I was asking for it, she offered to do work around my home in exchange for it and I agreed. She asked for the rug before the holidays so she could give it to her daughters. Two months later She still hasn't done the work and recently asked for some additional items I had previously offered her in trade for more work and I refused because she still hadn't completed the work required for the rug. She said she would bring the items back including the rug. The next morning I asked where my items were at and she said she left them at the end of her driveway and they were gone so I must have picked them up then she blocked me on the phone. Basically she stole the items. I don't have the receipt for the rug I do have much of the conversation on text do I have a strong case to sue her and win? Should I hire an attorney?

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Regarding your last question, the amount in dispute (assuming it's either $400 money or $400 worth of work) is too little to make it financially worthwhile to hire a lawyer. You might have a potential claim worth pursuing in small claims court, representing yourself - but it's hard to tell from your description whether you have a valid claim. If you called the rug a "gift", you have a problem. There is no such thing legally as expecting something of value (money, goods, or services) in exchange for a gift. A gift is giving something for free, no strings attached, period. If, on the other hand, it was mutually understood that this was a SALE, with lawful, specified-in-detail services to be rendered in exchange for the item that was SOLD, and you can PROVE that the other party understood and agreed to that, then you would likely have a valid claim.

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