June 3, 2009 · 2:47 pm

Letter from the lawyers

Dewey Cheatum & Howe gets excited

Dewey Cheatum & Howe gets excited

43 Comments

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43 responses to “Letter from the lawyers”

  1. Richard
    June 3, 2009 at 2:51 pm

    Gee Chris, what did you say about the house this time? It’s a good thing you’re judgement proof.

  2. hem22
    June 3, 2009 at 2:54 pm

    Dude…all press is good press….especially in this market!

  3. Shoeless
    June 3, 2009 at 2:55 pm

    Contact the ACLU.

    The irony is too good to pass up.

  4. J
    June 3, 2009 at 3:01 pm

    What conflict can being an attorney and real estate broker possibly create?

    • christopherfountain
      June 3, 2009 at 3:03 pm

      I dunno – I tried twice to show this house to a buyer and each time the seller cancelled the showing at the last minute. So I tried to sell the damn thing – heck, some wallpaper remover and a few gallons of paint and it’s a nice house.

  5. Richard
    June 3, 2009 at 3:07 pm

    And that’s all you mentioned on the blog? No references to demonic posession or mental illness on the part of the seller?

    I’d email the attorney back and ask him what he found so troubling. It’s a high bar for anything to be actionable.

    • christopherfountain
      June 3, 2009 at 3:10 pm

      oh, I have a feeling I’ll be hearing back from him soon and he can tell me then.

  6. J
    June 3, 2009 at 3:15 pm

    So if they sued you, your blog will get more exposure and the article including all the comments on the home as well.

    I guess the 1st amendment is not applicable.

  7. anonymous
    June 3, 2009 at 3:19 pm

    Should take these accusations seriously; no expense is being spared here, with a high-powered New Canaan lawyer and all; is he working on a contingency basis or by the hour?

    • christopherfountain
      June 3, 2009 at 3:20 pm

      I figure I can just submit the pictures of the interior and move for summary judgment. Once he stops puking, the judge will grant it.

  8. shelton04
    June 3, 2009 at 3:24 pm

    I honestly don’t blame them and at the very least you should be forced to remove any comments about their house from your blog. I can’t believe you’re a realtor (or a lawyer for that matter).

  9. J
    June 3, 2009 at 3:24 pm

    How about with your summary judgment motion ask for cost and legal fees? How about sanctions?

  10. Krusty the Clown
    June 3, 2009 at 3:25 pm

    Isn’t a good realtor supposed to help a seller stage their house so it will sell at a higher price? WTF is the listing realtor of 1038 Lake getting paid to do? Maybe the owners should hire an interior decorator instead of a D-bag lawyer

  11. Stanwich
    June 3, 2009 at 3:27 pm

    At least now we know the identity of the people who have committed these visual crimes against humanity.

    There is nothing, absolutely nothing these over-lawyered a$$holes could do except make a nuisance of themselves. You have no obligation to respond in any way. If they are trying to scare you into saying nice things about that fun house up on Lake Ave, then so be it. The aggravation a threatening letter like this would create for normal people doesn’t really work on you since you are a lawyer and can respond to any true legal action without expending cash for legal services.

    By the way, did you notice that their lawyer’s initials start out with BJ……hah, hah, hah. These people would have been better served by hiring someone to re-decorate their house than having BJ to do their dirty work.

  12. anon
    June 3, 2009 at 3:31 pm

    You made me laugh so hard, Christopher, with that 3:20 pm comment! Of course, the judge could have a thing for rooms reminiscent of clowns and circus tents.

  13. Sniffer
    June 3, 2009 at 3:32 pm

    You should counter sue on behalf of all persons shopping for a home in Greenwich. Nobody should be subject to such bad taste. I guess money can never buy you good taste. Looks like the Beverly hillbillies!

  14. John Schneider
    June 3, 2009 at 3:33 pm

    Chris, frustrated sellers are getting desperate and have got to take it out on someone. The other day I was threatened with legal action, but so far, I’m still a free man.

  15. Happily Retired Litigator
    June 3, 2009 at 3:35 pm

    Chris! This is almost good enough to lure me back to the practice!

    I like how the sellers don’t have enough $$$ to pay their mortgage, but have enough to ask BJ O’Rourke to threaten you. My suggested response?

    “Bring it on!”

    What BJ is threatening is nothing less than a SLAPP suit (Strategic Lawsuit Against Public Participation), often used by bullies with financial resources in an attempt to silence entities (such as neighborhood organizations, charities, and bloggers) which lack the financial resources to fight back. If a court finds a legal action was brought in order to silence a critic on a matter of public interest, then the defendant in that suit (e.g., the blogger) can turn around and sue the plaintiff for a variety of damages.

    According to this article

    http://findarticles.com/p/articles/mi_m1571/is_n24_v12/ai_18400889/?tag=untagged

    courts in Connecticut have used our state’s prohibition on vexatious litigation as the umbrella under which to protect SLAPP suit defendants and offer them recourse, as follows:

    “In Connecticut, aggrieved defendants must turn to the state’s ‘vexatious litigation statute’ — which awards double damages for baseless suits and treble damages for malicious suits.”

    So tell BJ and his patrons to meet you in court, understanding that when all is said and done you’ll likely end up owning that house.

    Not that you’d want it.

  16. Cobra
    June 3, 2009 at 3:35 pm

    I’d tell you what I really think of this legal lizard and his letter, but I would’t want to further inflame an obviously delusional hack and possibly cause him to harass you any further.

    As I emailed you recently, tell your critics to pull their heads out of the sand and stuff them elsewhere equally as dark.

    Actually, don’t bother, as I’d guess they’ll read this comment, assuming they come up for air and reluctantly face the harsh light of reality.

  17. Anonymous
    June 3, 2009 at 3:38 pm

    didn’t Google shut your last blog down because of questionable content….

    • christopherfountain
      June 3, 2009 at 3:46 pm

      Google shut down my blog because someone reported it as a spam site (just as all of the Hillary Clinton supporters’ blogs were shut down). They do it by computer, swear they don’t let it happen by mistake, but they do it anyway and there is no human being to complain to. Which is why I no longer use Google as a blog host.

  18. pulled up in OG
    June 3, 2009 at 4:29 pm

    Braverman, huh?? Funny name for one so thin-skinned.

    • christopherfountain
      June 3, 2009 at 5:16 pm

      When asked why she married him, his wife said, “well, I wanted a Braverman but I settled for what I could find”.

  19. Walt
    June 3, 2009 at 4:33 pm

    Dude –
    He can’t sue you for making false claims about being a realtor or a lawyer. He will likely prevail if he sues you over your claims of being a writer!!
    OFF TO DINNER!!!
    Your Pal,
    Walt

  20. Holger Ericsson
    June 3, 2009 at 4:51 pm

    Heck I like the house. Then again I am in Taos and lot of people here have artistic interiors.

    • christopherfountain
      June 3, 2009 at 5:15 pm

      Come on back, Holger, I think there’s a great deal available (but we’ll have to negotiate under an assumed name).

  21. Holger Ericsson
    June 3, 2009 at 5:22 pm

    OK, wife saw the pictures and said I was crazy. In a way I still like it. If tweaked could be a nice place but would take work.

  22. Old Atlantic
    June 3, 2009 at 5:32 pm

    By posting their pictures on-line with a price tag of millions of dollars, they have thrust the issue by their own action into the public sphere. Moreover, its been written up in the New York Times that posting house pictures and info on-line now invites negative comments on the property and price.

    Moreover, the Christopher Fountain blog itself constitutes a valuable resource and a known place to discuss real estate indices like Case Shiller that are part of public discourse on the recession, credit crisis, and falling house prices. Greenwich house prices are themselves an indicator of the state of the financial community’s health and thus their value is an important indicator of the state of the financial system, solvency of financial institutions, etc.

    Because of the value of Greenwich house prices as an indicator of the state of the hedge fund industry and that in turn as an indicator of the state of the banks and other institutions is so critical, there is a large sphere of protected speech of vital importance to the economy.

    Bailout money that goes to support Greenwich house prices by being paid as bonuses is a matter of great public interest and importance. Greenwich house prices that sell at bubble prices are an indicator of diversion of bailout money to bonuses or hedge fund profits or other financial institution profits. That is a matter of public interest.

    Mortgages are securitized and sold to the public. These are a cause of the defaults and of distress in the markets and recession. Any attempt to interfere with the public’s ability to determine the value of mortgage backed securities has consequences to the public and to Congress in its oversight capacity of the bailout. This in turn requires a public discussion on house prices and the saleability of high priced homes in Greenwich.

    Greenwich prices standout as high and their falling or low sales is thus a major matter of importance to the public, to Congress, and to the markets. For all these reasons, attempts to stifle this discourse and deny information on these matters has to be looked at from the point of view of securities laws and other laws. Is the mortage on that house securitized? Are the mortgages of other Greenwich houses? Or do they give information on the value of mortgage backed securities? Does a bank own the mortgage and that bank have liabilities held by the public or guaranteed by the government? All of them have a right to evaluate the house and mortgage market in Greenwich. This and similar blogs are of vital importance in this process.

  23. born and breed
    June 3, 2009 at 5:54 pm

    We have hit an all new low in “freedom of speech”. Our economy is suffering and apparently so is our intelligence and moral integrity. Chris, show some compassion. Is this what our society has come too? Blogging about interior design???? Get a life. What exactly is your career?? Real Estate?? Law?? In the last two years what is the dollar volume of the properties you have SOLD not INSULTED? We want to know.

    • christopherfountain
      June 3, 2009 at 8:06 pm

      Dear born to breed. Is that really your life’s ambition, to exist to procreate? That’s it? It seems so …limited. perhaps you should consider a career after mommyhood, like interior design. It’s obvious any monkey can do it.

  24. anon
    June 3, 2009 at 7:02 pm

    born and breed,
    I won’t defend Chris because he is fully capable of doing that himself. What I do defend is his right to call a spade a spade in this PC society. We, his readers, like his candor on this blog. The house in question is not selling. He postulated that the home’s price and the interior decorating may be the reason. We, his blog’s readers, provided our opinions on the design.

  25. pulled up in OG
    June 3, 2009 at 7:24 pm

    1038 surely gets more attention from this tempest in a blogpot than the mad house of color could ever generate on its own. Sneaky Braverman?

    Google 1038 Lake Ave . . . CF #1 on hit parade.

  26. Walt
    June 3, 2009 at 7:28 pm

    born –
    Chris is in a slump sales wise. It happens to the best of them. Even Mickey hit some bad spots. And look at Bernie Madoff. He did great for 20 years, hits a slump, and folks are all over him. SO BACK OFF!!!
    Chris posted earlier that he was in the Executives club, or some other made up name, of the “top sellers”. I will let you in on a secret, born, they really don’t sell. They basically drive you around and show you stuff. If you like it you buy it. If not, you don’t. So while Chris may not be the sharpest knife in the drawer, he can drive. The rest is up to you.
    Worm!!!
    Your Pal,
    Walt

    • christopherfountain
      June 3, 2009 at 8:01 pm

      Thanks for sticking up for me, Walt and for reassuring Born about my earnings. She seems obsessed about my financial well being and I worry that she’s so worried. It’s like having an internet Mommy, only better because, at least so far, Born hasn’t told me to put on a sweater!

  27. EXCITED BUYER!!
    June 3, 2009 at 8:14 pm

    Well wouldn’t you know. I was already interested in buying this very house. But the thing that is now putting me over the top to submit a bid tomorrow is the thrilling anticipation of doing a deal with a litigious seller! I am just so stoked with the idea of having to negotiate with people like this. And BJ seems like a really swell guy. I’m sure he’ll be a lot of fun to deal with as well. And I bet if the inspection turns up anything that this nice family will be really accommodating and reasonable in handling any issue. So look out for my bid tomorrow!

  28. Joanie
    June 3, 2009 at 8:22 pm

    BJ needs some instruction in writing a coherent and grammatical sentence. The first sentence of paragraph 2 in his letter to Chris makes absolutely no sense. I guess they don’t teach writing in law school.

  29. just looking
    June 3, 2009 at 8:25 pm

    But he seems to be current on his tax payments for 44 Close. Why 44 Close and not 1038 Lake?

  30. The Duke of Deception
    June 3, 2009 at 8:47 pm

    As a long time res of New Canaan, The Dukle can tell you that O’Rourke is well known as a self-satisfied blowhard. Fear him not.

    In fact, I would sign my next missive to him:

    Heywood Jablowme

  31. PoeticJustic
    June 4, 2009 at 6:44 pm

    Whether or not Chris is selling real estate (and I suspect he is), he IS creating a iconic blog that will be of great value some day to a media content aggregator.
    Chris, keep it up, media franchaise value beats a bunch of listing that will never sell.

  32. Curious George
    June 5, 2009 at 2:52 pm

    Where can I find a picture of this abortion? Can’t find a link on your site.

  33. Pingback: Attorney Brendan J. O'Rourke of New Caanan, Connecticut Writes Threat Letter To Blogger For Making Fun of His Client's Home Decor | Popehat

  34. Anonymous
    June 7, 2009 at 2:45 am

    http://www.realtor.ca/propertyDetails.aspx?propertyId=7820562

    This, never occupied, waterfront property has been appropriately staged.