Timeline:
- 05/18/2020: Agent Nizar Kailani reached out to us to schedule photography for property 1280 N Arroyo Blvd, Pasadena, CA 91103. We replied and informed him that the daylight photo costs $349 and the 3D virtual tour costs $300, totaling $649. Exhibit A – Text message records
- 06/04/2020: We messaged Nizar Kailani and confirmed to him again that the daylight photo costs $349 and the 3D virtual tour costs $300, totaling $649. We also confirmed the date of the photoshoot as June 07, 2020. Exhibit B – Text message records
- 06/05/2020: We emailed the invoice to Nizar Kailani through the Square system. On the invoice, it indicated that the daylight photo for property 4,500 – 6,000 sq. ft is $349 and includes 50 photos. Our company website www.aeriousplus.com is on the invoice too. The Square system showing the invoice was viewed on the same day. Exhibit C – Square invoice, and Square system showing the invoice were viewed on June 5th.
- 06/07/2020: On the photoshoot day, Nizar Kailani added aerial photo service (additional $100) and wrote the check in the amount of $749 in front of Daisy (Hong Zhu) and handed it to Daisy. Exhibit D – Check wrote by Nizar Kailani. After we finished the photoshoot, Nizar Kailani again confirmed with Daisy the service fee of $649 plus $100, the total $749, and wrote the check in front of Daisy. He wrote the available deposit day as 6/10/2020, and Daisy told him, “The invoice should be paid in full today according to our payment policy as stated on the invoice. If you pay us on 6/10/2020, photos will be sent to you on 6/12/2020. We need full payment to process the photos, and it takes two days to process the photos.” He said he needed them sooner, so Daisy told him, “The best I can do is to send exterior photo on the check deposit day (6/10/2020) , and other photos will be sent the following day (6/11/2020).” He said ok.
- 06/10/2020: We deposited the check and updated the invoice to a total of $749 and resent the invoice to Nizar Kailani through the Square system. Exhibit E – Square invoice
- 06/10/2020: We emailed the exterior photos to the agent. Exhibit F – email records
- 06/11/2020: Nizar Kailani called me (Nick) and said the invoice he paid is incorrect. He added that his house is 4,200 sq. ft instead of 4,800 sq. ft, so the daylight photo should be $299 instead of $349. I (Nick) explained to Nizar Kailani that both Zillow and Redfin showing this property is 4,800 sq ft, that’s why we billed $349. I told him we could refund $50 and downgrade the daylight photo package to $299. It includes 40 photos instead of 50 photos. Nizar Kailani said he wanted 50 photos for the amount of $299 and kept saying I (Nick) was dishonest with the pricing… Exhibit G – Redfin and Zillow showing the property is 4,800 sq. ft on June 11th.
- 06/11/2020: On the same day, we emailed Nizar Kailani and told him that we had decided to cancel and refund the agent’s check worth $749 in full. We also informed him that he does not have our permission to use our exterior photo. We dropped the check at Nizar Kailani’s office at Arcadia. Exhibit H – Email records
- 06/25/2020 Nizar Kailani deposited the refunded check worth $749. Exhibit I – Bank records showing he deposited the check
We found out Nizar Kailani is using our exterior photos (total of 16 photos) to market his property without our permission. We pray that he be fined $100 per photo, totaling $1600. Exhibit J – Zillow, redfin link
Zillow link: https://www.zillow.com/homedetails/1280-N-Arroyo-Blvd-Pasadena CA-91103/20855125_zpid/
Redfin link: https://www.redfin.com/CA/Pasadena/1280-N-Arroyo-Blvd-91103/home/7182513
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