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Hello, did you not read the opinion from a real estate attorney (Post #38) on this thread about "some kind of monetary damage?"
And what about the buyer?
Would you prefer that they sue the seller and the agent and everyone else involved with the sale when they learn the truth after the fact?
And what about the buyer?
Would you prefer that they sue the seller and the agent and everyone else involved with the sale when they learn the truth after the fact?
I still can't believe no one other than me has asked:
"If the neighbors is causing hardship to the seller, WHY HASN'T THE SELLER TAKEN ANY ACTION?" We live in such a sue happy enviroment I am amazed that there hasn't been some kind of update where the seller is persuing legal action.
It would appear to me that maybe the seller isn't so innocent.
"If the neighbors is causing hardship to the seller, WHY HASN'T THE SELLER TAKEN ANY ACTION?"
Your point has been raised a few times actually.
We aren't provided with "the rest of the story"...
but it would appear that the noisy obnoxious neighbor was probably there a LONG time before the hoity toity horsey folks moved in.
There will always be a lawyer willing to take a case for billable hours.
My DH has been following this story with interest and ran the details past a real estate attorney acquaintance here locally, who thought about it and said to look up "tortious interference" on Wikipedia:
Tortious interference, also known as intentional interference with contractual relations, in the common law of tort, occurs when a person intentionally damages the plaintiff's contractual or other business relationships. This tort is broadly divided into two categories, one specific to contractual relationships (irrespective of whether they involve business), and the other specific to business relationships or activities (irrespective of whether they involve a contract).
Tortious interference with business relationships occurs where the tortfeasor acts to prevent the plaintiff from successfully establishing or maintaining business relationships. This tort may occur when a first party's conduct intentionally causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred. Such conduct is termed tortious interference with prospective business relations, expectations, or advantage or with prospective economic advantage.
I, too, am troubled as to why we have heard nothing from the sellers -- unless they are so intimidated, they have withdrawn completely from the issue and are letting the listing agent handle the bad publicity.
Out of curiosity, I emailed the listing agent for the house next door to the sign poster, and she was kind enough to reply and agree for me to paraphrase some additional information on this situation:
1. The neighborhood DOES have an HOA and that organization, along with a representative for the applicable county ordinances, are working on determining a plan of action to resolve this issue.
2. The seller is a civil servant who doesn't want his position publicized and thus will not talk to the media. He doesn't make a lot of money and has no equity in the home.
3. The sign poster has plenty of his own money and a family business to back him in any legal fight, which another attorney said could be protracted, possibly for YEARS.
4. The seller had rented out the house for the last two years under a lease option, and it was those tenants whom the sign poster had the problem with. There was evidently "bad blood" between these tenants and the sign poster almost from the beginning of their time being neighbors.
So there you have it, FYI. Maybe the best solution for the sign poster IS to advertise on CL for a local biker's club to take over the lease-option.
I don't think the sellers story is important. it's what the neighbor is doing that's material.
One doesn't have to be hypersensitive to object to "loud parties, loud music, fireworks, etc."
The "3 rotties" is only an issue if they are outside barking excessively or can get out of their yard easily and are not people friendly. We don't know if that is the case, so I don't include the rotties in the mix.
An occasional party, no problem; loud music at the occasional party, no problem; fireworks at 4th of July, no problem. But that isn't the picture this guy is painting.
He's saying he will do what he damn pleases and he doesn't care about his neighbors.
I'll put good odds on him being a Republican. These days they are all about "me, myself and my (so-called) rights." Greed and self-interest tramples common decency in many realms, not just property disputes. They'll wave flags and quote scripture to distract from their core sleaziness.
I found this thread while looking in various places for an update on the story, but it seems to have faded into history. Does anyone know how it turned out?
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Update From Realtor
Whatever happened in the Terranova case?
