Dear Judge Jester,
My name is Zhonnzheng Li (Nick), the owner of Panda Media Inc., DBA Aerious Plus. As a response to the delayed sale of Plaintiff Nizar Kailani’s property, I would like to respond by giving reasons as to why I did not send the photos. the reasons I refused to send the photos:
- He asked unfair deal that I cannot accept after I finished photo shoot. I agreed to refund $50 to match our published price (Exhibits), but he demanded for the 50 photos with the price of 40 photos which is unacceptable.
- He slandered me by calling me a dishonest business person.
Plaintiff Nizar Kailani contacted me for the photo shoot for his house on 5/18/2020. I quoted to him the published photography price based on the property size which was estimated to be 4,800 sqft (Exhibits) according to Zillow and Redfin. He confirmed the services (Photography+3D Tour) and package price $649 (Exhibits). I then sent the invoice that clearly showed the price for advanced photo 4,501 – 6,000 sq ft priced at $349, which included 50 photos (Exhibits). According to my invoice system, he viewed the invoice twice before the photo shoot (Exhibits). He had knowledge on the size of his property but did not inform me prior to the photo shoot with the intent of getting 50 photos with the price of 40 photos. Regardless, I refunded back $50 but I could not accept his request of enjoying the privileges of a higher package while his payment supported a smaller package.
On 6/11/2020, after my team and I finished the photo shoot and emailed him the exterior photos, he called me and said his property is 4,200 sq ft instead of 4,800 sq ft, and asked me to refund $50 as the price we published. I agreed to refund the $50 and explained to him that I will send 40 photos for property 3,000 – 4,500 sq ft. He refused and demanded for the 50 photos with the price of 40 photos. He also slandered me and claimed that I am dishonest in my business while that is not the case. His offensive language and unacceptable request prompted me to cancel his order even though my team and I already spent over 15 hours on the photo shoot and editing for him. I believe I have the rights to refuse to do business with him.
Regarding the delayed sale of his property, were it not for the unfair deal and his offensive language, his house would not have delayed in its sale. After I cancelled his order, I refunded the full payment (Exhibits). I told him that I reserved the exterior photos’ copyrights and he has no permit to use them for any purpose, but he still used my 15 exterior photos without permission for the marketing when his property was listed (Exhibits). As the defendant, we would like to counter this allegation and ask for $100 fine per photo, total is $1500.
As a photographer and businessman, I have been a full-time real estate photographer for six years. I believe honesty, trust and respect are the keystone of a business. Our pricing is based on property size. Certain amount of photos is designed for different size properties, and the information is published on our website (www.aeriousplus.com) all the time. My team and I always do the best for our clients for their marketing needs. We have been serving over a thousand realtors locally and built a great relationship with them for a long time. Kindly see the testimonial letter from a client who referred us to the Plaintif Nizar.
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