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pay any rent in January or February 1995. Mr. Riccardi could not
afford to pay the mortgage and taxes on the Aspen Road property
without petitioner’s rent payment. He used a line of credit to pay
the mortgage and taxes. After petitioner failed to pay the first
month’s rent by February 1, 1995, Mr. Riccardi decided to sell the
Aspen Road property and listed it for sale. Petitioner paid $1,000
in March, $701.68 in May, and $1,000 in June 1995.
In May or June 1995, petitioner listed a shopping center for
sale with the M. Riccardi Agency. Mr. Riccardi thought he would be
able to recover the expenses he had incurred for the Aspen Road
property from petitioner’s share of the commission on the sale of
the shopping center. Therefore, he took the Aspen Road property
off the market. Petitioner paid $1,000 of rent in each of the
months of July, August, and November 1995. She did not pay any
rent in 1996.
Mr. Riccardi kept a log of the money he spent on the Aspen
Road property, including the downpayment on the purchase price,
closing costs, mortgage payments, taxes, costs associated with his
attempts to sell the property, and maintenance and repair costs.
The log shows that by the end of March 1996, the total expenses
exceeded the $5,701.68 of rent petitioner had paid by $22,300.
The shopping center sold in 1996; it was the only property
petitioner sold for Mr. Riccardi in 1996. The Riccardi Agency
received its $121,000 commission on March 28, 1996. Mr. Riccardi
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