Is it legal for a neighbor to interfer with us selling a home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for a neighbor to interfer with us selling a home?
We are trying to sell my wife’s house; she had it before we were married. The problem is one of the neighbors keeps interfering with us selling. It all started because my wife would not sell the property to him. If we are not there when people stop to look at the house the neighbor will come over and start telling people what he thinks is wrong and then some.
Asked on August 18, 2016 under Real Estate Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
it depends on what he is saying. If anything he is saying is factually untrue--for example, he claims there is a termite infestation when there is not, or that it is in flood zone when it isn't--that is potentially both defamation and (because it is lying) tortious interference with economic advantage, or taking wrongful actions to prevent you from making money. You could sue for compensation and/or for a court order that he stop.
But if everything he says is either truthful (e.g. say the home has an old roof, and he points that out) or an opinion (e.g. "sure it technically has a water view, but I think it's a pretty poor view, nowhere near as nice as the neighbors have"), he can do that: an person may tell anyone, even another person's possible customer(s) or buyer(s), true things or opinions. You can't legally stop him from talking to people, as long as it's not untruthful what he says.
Of course, if comes onto your land, he is trespassing and you could call the police. Even if you are not then there, if you set up cameras and they catch him, you could contact the authorities.
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.