From Plaintiff Nizar:
I hired him for photography to sell my home. When I asked him to charge the published price, he canceled the photos. This delayed the sale of my home, it also cost me new amounts for a clean-up and staging.
From Defendant Nick:
The reason I refused to send the photos to him is that he lied to us about the property size when he booked an appointment, requested additional photos without paying an extra fee, and slandered our business as dishonest.
As a photographer and businessman, I believe honesty is the keystone of any business. Our pricing is based on property size and is published on the website (www.aeriousplus.com) all the time.
On 5/18/2020, Agent Nizar contacted us for the photoshoot for his house. He texted his property address. We checked the property size on both Zillow and Redfin. Both show the property size is 4,800 square feet. We sent the quote to him, and he confirmed the services and package price of $649 (Exhibits). Before the photoshoot day, we confirmed the services and prices again. Then we sent the invoice that clearly showed the price for advanced photo 4501 – 6000 sq. ft is $349, it included 50 photos (Exhibits). Our invoice system showed he opened the invoice twice.
On 6/7/2020, the photoshoot day, the house wasn’t fully ready when we arrived. He was cleaning the house by himself and we had to wait for him to finish. After we finished the photoshoot, he called us and said his property is 4,200 sq. ft, and asked us to refund $50 as the price we published on our website. We agreed to refund the $50 and told him that we will send 40 photos for property 3,000 – 4500 sq. ft. He told me that, he needs 50 photos, and will only pay the price for 40 photos. This is an unacceptable request, so I decided to cancel his order even though my partner and I had already spent many hours on the photoshoot and editing the photos. Our prices published online clearly show the number of photos taken for various property sizes. He not only asked for an unfair deal but also slandered me that I am a dishonest businessman, which is crossing the line. I believe I have the right to refuse to do business with him.
The delay in the sale of his house is caused by himself, it’s ridiculous of Plaintiff Nizar to ask others to pay his bills. After we canceled his order and refunded the full amount he made as payment, we told him that we reserved the exterior photo copyrights and he has no permission to use them for any purpose. He still used 16 of our photos to market the property when it was listed, without our permission. Now we ask that he pays a fine of $100 per photo, totaling $1,600.
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