Nuisance Neighbors when trying to sell Real Estate

by Chuck Lieber on September 28, 2009

In speaking with my colleagues in the real estate industry I happened to hear of a couple who were trying to sell their home but many times during an open house or when an agent was showing the home the neighbor lady would come out of her house and make disparaging remarks about the property to potential buyers.

On one occasion, some very interested buyers were at the property for a second showing. They had not encountered the neighbor lady during the prior visit but on this occasion the neighbor came out and rudely verbally accosted Mrs. buyer complaining that they parked too close to her driveway. The buyer’s agent commented to the listing agent that the buyers did not want to live next to someone so disagreeable and they were no longer interested.

 

It may be important to begin a detailed log of incidences documenting dates times and people involved if possible.

 

There are several ways to deal with this kind of problem but it is best to start a low key discussion with the neighbor to see what her dissatisfaction may be. If there is a significant other insure that all owners of that home are present. It may be that her objection is that the home is priced too low and if it sells will have a negative impact on the value of her home. It could be that she just doesn’t want new neighbors and although it may be flattering that she wants to keep you as a neighbor you still aren’t able to sell your home because of her. Whatever the case tell her that her contact with the potential buyers may have already cost you a sale. Try to get to the bottom of the issue. You may not be able to resolve her concerns but if you don’t know what her concerns are you cannot even begin to alleviate her concerns. If she is concerned that the price is too low have your agent produce evidence that the list price is appropriate. If she is concerned about new neighbors let her know that you will do whatever you can to insure that the new neighbors will be pleasant. You don’t really have much control over that issue but it may lower her level of concern if she knows that you are listening.

 

At this point it would be unwise to threaten your neighbor. Be polite but your neighbor should understand that you are determined to sell your home and future interference from her would not be appreciated.

 

You may want to be present for showings or open houses remaining unobtrusive to potential buyers but making it obvious to your neighbor that you are present.

 

If this approach does not work then it may be time to retain the services of an attorney who can write a strong letter mentioning that they should “cease and desist” interfering with your right to sell your home. Obviously at this point you are in the threatening mode but a letter on the attorney’s letterhead can often prompt the neighbors to take this more seriously.

 

As a last resort, consult with your attorney about taking them to court. I am not an attorney but my understanding is that the cause of action would be a private nuisance. They are causing you economic hardship by their creation of a nuisance. Your attorney may suggest that you seek a restraining order especially during showings and open houses. Your attorney may suggest seeking financial damages. In any case going to court will require the detailed documentation that I previously referred to and possible testimony from your agent and possibly buyers who were deterred by her interference.

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