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Old 11-20-2014, 03:51 AM
 
Location: CDA
521 posts, read 728,818 times
Reputation: 988

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I had previously posted about my house for sale (we don't live there now so it is empty) and the fact that there were no offers since the market was slow. My realtor had suggested doing several $1,000 price drops, which we didn't want to do. Due to a recent comp, we decided to lower the price by $80,000 instead.
So now that the property is finally getting interest, the neighbors are sabotaging the interest! The house is on 3.5 acres and part of the land is a hill that backs behind the neighbors land. The hill is the ideal spot to build another house since there are ocean and mountain views from up there. However, a house built there would affect where the neighbors house is and may take away some privacy. We build in a different location but the lot is zoned for another home.
So, after a successful second showing our realtor had to leave to another appointment and the prospective buyers chose to stay and walk around the property, running into the neighbors. The neighbors told them it was very loud living there since the property on the other side of us is a 10 acre working farm and they use heavy equipment often. They also said there are kids who ride dirt bikes next door. We never heard the dirt bikes but it can be a new thing. As for the noise, it never bothered us and was only every so often if they were doing a big project.
The realtor called me after the couple decided they didn't want the property and cited the neighbors telling them it was loud. Coincidentally that same day the neighbors called and said they want to buy the property. We met them and they made a very low offer and wanted to rent to own, which won't work for us. They said they hope we don't sell since they don't want people to build behind their house. The husband also said that he has been yelling at people he sees wandering around the property (probably potential buyers), since the real estate sign says "by appointment only". He is telling people to leave and come back with a realtor. Basically scaring them away.
These have always been very nice people and are known as being very nice in the community. We are pretty shocked they are acting this way. They said they desperately want to maintain their privacy and will have to move if someone builds behind their house.
Also, they have been taking care of the mowing and the yard work and one potential buyer was turned off because she saw the lady driving the mower in her bikini and told the realtor that's not okay. I never thought about this since it's hot out and wearing a bathing suit is the most comfortable... but I guess people are getting offended.
I know there are restraining orders and legal routes to take but would prefer to start more amicably. We explained to them that we have to pay back the bank and we don't want to be underwater for taking their offer. They want to pay the mortgage for us, etc. But we really need to sell and need the money to pay towards the new house. We want to be done with that house, not holding title or anything.
So, how can we get the point across to them without using legal action (initially anyway)? They are nice people. Any ideas will help!
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Old 11-20-2014, 03:59 AM
 
Location: Michigan
2,741 posts, read 2,967,381 times
Reputation: 6540
If they are pulling this *hit they are NOT nice people! From what you have said about their actions, I don't believe that they'll ever respond to you being "nice" and trying to deal with them calmly.

My advice is to contact a lawyer immediately, and have the lawyer draft a legal letter of some sort to scare them off legally. It might be enough so they'll back off and leave it alone until you can sell.

Do NOT give in to their current actions, which is basically a form of harassment.
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Old 11-20-2014, 06:15 AM
 
Location: Florida
7,216 posts, read 6,994,652 times
Reputation: 17731
Not addressing your specific problem, but have you considered selling the house and the lot separately?
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Old 11-20-2014, 06:21 AM
 
8,540 posts, read 12,284,680 times
Reputation: 16442
Quote:
Originally Posted by scgali View Post
So, how can we get the point across to them without using legal action (initially anyway)? They are nice people. Any ideas will help!
No they're not!

I'd get a lawyer to write them a letter threatening to sue them for the difference you might get from market value due to their actions. If you don't want to get a lawyer, see if your agent will contact them...but it won't be the same.

You should also ask your agent to re-contact the couple to tell them about the neighbor's shenanigans which were meant to dissuade them from putting in an offer so that the neighbors could try to buy it for themselves. Of course, they'll probably not be inclined to want to move into a situation knowing they'd be living next to those neighbors.

If it means so much to the neighbors not to have a house built on the property, ask them to pay you for a guarantee that that won't happen. If you can agree upon a price for that guarantee, you could check with a lawyer to see if some type of deed restriction could be placed on the property, if an easement appurtenant to the neighbor's land would work, or if a local land conservancy could accept a conservation easement on the property restricting further development. There's likely a legal way a lawyer could figure out which would work best for your property--provided the neighbors are willing to compensate you for it. Have them put up or shut up.
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Old 11-20-2014, 06:26 AM
 
8,540 posts, read 12,284,680 times
Reputation: 16442
Quote:
Originally Posted by kab0906 View Post
Not addressing your specific problem, but have you considered selling the house and the lot separately?
Yes, if the lot can be split, ask the neighbors to buy the part which abuts their property.
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Old 11-20-2014, 06:55 AM
 
Location: CDA
521 posts, read 728,818 times
Reputation: 988
Quote:
Originally Posted by kab0906 View Post
Not addressing your specific problem, but have you considered selling the house and the lot separately?
Yes, we looked into breaking the back part of the property (about 2 acres) off and selling to them. Then we would sell the house with the remaining 1.5 acres separately. Unfortunately the county's answer was that we cannot change the CPR.
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Old 11-20-2014, 06:58 AM
 
Location: CDA
521 posts, read 728,818 times
Reputation: 988
Quote:
Originally Posted by jackmichigan View Post
No they're not!

I'd get a lawyer to write them a letter threatening to sue them for the difference you might get from market value due to their actions. If you don't want to get a lawyer, see if your agent will contact them...but it won't be the same.

You should also ask your agent to re-contact the couple to tell them about the neighbor's shenanigans which were meant to dissuade them from putting in an offer so that the neighbors could try to buy it for themselves. Of course, they'll probably not be inclined to want to move into a situation knowing they'd be living next to those neighbors.

If it means so much to the neighbors not to have a house built on the property, ask them to pay you for a guarantee that that won't happen. If you can agree upon a price for that guarantee, you could check with a lawyer to see if some type of deed restriction could be placed on the property, if an easement appurtenant to the neighbor's land would work, or if a local land conservancy could accept a conservation easement on the property restricting further development. There's likely a legal way a lawyer could figure out which would work best for your property--provided the neighbors are willing to compensate you for it. Have them put up or shut up.

That is a good point. I think if they want to contact an attorney in attempt to find a creative solution then I have no problem with that as long as they pay the fees, etc.
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Old 11-20-2014, 07:02 AM
 
Location: CDA
521 posts, read 728,818 times
Reputation: 988
Splitting the lot does seem like the best compromise though the county is not for that. Maybe there is a way to reassign the lot lines that won't seem as though the CPR is being broken apart. I definitely have more checking to do on that!
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Old 11-20-2014, 09:37 AM
 
Location: North of Boston
559 posts, read 746,668 times
Reputation: 651
devil's advocate: what would you actually threaten them with legally? if someone asks their opinion they can give it. they can also ride around in bikini if they choose (on their property). you might be able to get them to stop shooing people off the property. buts that's about it really.

it sucks they are making it difficult to sell. but i am not sure what you can really do.
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Old 11-20-2014, 09:43 AM
 
991 posts, read 1,510,572 times
Reputation: 1618
Definitely get a document from your agent explaining what happened with the prospects, listing the prospects names and what they said went down with your neighbors. I would have an attorney send them a certified warning to cease and desist with the "evidence" from your agent. You may very well need to call those prospects into court to testify against your neighbor if this gets dirty.

I would have your attorney threaten them with a restraining order (which they will be served with at their places of employment) if they can't control their actions of harassment. In that letter I would state you know their motive for the harassment.

I have an ugly and rich neighbor that wants to buy my property at a discounted price, the harassment has included him stalking me in his car and trying to run me off the road, threatening to damage my property, it goes on and on. He's a bully and I'm a single gal...he thought he could intimidate me to sell. I'm still here Moderator cut: inappropriate language. I did hit him with a temp. restraining order served by a policeman in front of his clients, I also call the police anytime he starts misbehaving, he seems to have given up for now.

Last edited by Marka; 11-25-2014 at 03:59 AM..
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