Crazy neighbor interfered with my home sale
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Crazy neighbor interfered with my home sale
I have a psychotic neighbor who has been harassing me for the last 4 years. He also happens to be a licensed real estate agent. In an attempt to get away from him, I listed my home for sale. Days later, another neighbor notified me that psycho neighbor was asking about my personal schedule and what times showings were going on at my home. Disturbed by this fact and knowing that he could enter my house via the lockbox at any time, I took the house off the market, rented it out, and moved away. Several months later, I listed my house for sale again but without a for sale sign and I didn’t notify any of my neighbors – hoping to sell quickly and discreetly. Lo and behold psycho neighbor found out that my home was under contract, this time filing a frivolous lawsuit against my HOA, myself personally, and my boyfriend. Moments after the HOA was served, he called my realtors anonymously later admitting that he did it and told them that the HOA was being sued. As a realtor, he knew my realtors would be obligated to notify the buyers, whose lender then pulled out and the buyers were forced to
terminate the contract. I lost my sale and now can’t sell my home due to his litigation. What are my options? Can I sue him, his EO insurance, his brokerage? How do I legally get rid of this guy?
Asked on April 22, 2018 under Real Estate Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can't sue his brokerage or his EO insurance, because what he is doing has nothing to do with his job--it is his personal wrongdoing. (By the way: you never sue the other person's insurance--you sue him, and his insurance pays you if appropriate, if you have a valid claim or win.)
However, you can sue him. There are several possible basis for a lawsuit: tortious (or wrongful) interference with economic advantage or with a contract (that is, using some wrongful means to interfere with someone else's contract or business transaction); defamation (if he has stated anything false and harmful about you); malicious use of process (filing a lawsuit for improper purposes, to harass, rather than due to a legitimate legal claim or cause of action); possibly trespassing if he has ever come onto your property without permission. In such a lawsuit, you can seek both monetary compensation and also a court order barring him from this behavior. You are encouraged to consult with an attorney about bringing a lawsuit against him.
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