What can I do if my neighbor is trying to sabotage the selling my home?

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What can I do if my neighbor is trying to sabotage the selling my home?

I live in one state and own a home in another. The property is managed by a real estate company. I am in the process of selling that home. I already have a potential buyer in contract and my neighbor is now treating to sue us for damage to the fence between our properties. The fence is over 20 years old and is in need of repairs. Does she have any legal ground to stand on? Also, she is telling the potential buyers false information and lies about the home. They are now unsure about continuing with the sale. Do we have any legal rights to stop her from sabotaging the sale of our home?

Asked on May 3, 2017 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) Regardless of whether the fence is old, IF you damaged it, they can sue you for the damage you did. The issue is: did you damage it, and can they prove that? You are not liable for ordinary wear and tear, damage from elements, or damage from third parties not under your control.
2) If they are telling people untrue factual statements as you indicate, that is defamation; since it is a tortious (wrongful) act interferring with your selling an asset, it would also be "tortious intererence with economic advantage." You could sue the neighbor for either/or monetary compensation (to reflect any delay in selling and extra carrying costs, for example) and/or a court order barring them from doing this.
Only untrue facts are defamation and wrongful; opinions, no matter how harmful, are not. So, for example, if they say that you stole from them or attacked them physically (e.g. shoved them) when you did not, that is defamation; or if they say your home floods when it does not and that you are lying about the flooding, that is defamation, too.  But if they say you are awful neighbors or nasty people, that is an opinion, and they are legally entitled to it--you could not sue them or take action over it. Or if they said your house is overpriced--that is also an opinion. Only untrue facts are potentially actionable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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