Oceanside, CA asked in Real Estate Law for California

Q: We bough a property to flip. We remodeled and added. One neighbor that owns a lot next to our house is scaring buyers.

What can we do to stop a neighbor that is passing misinformation about utilities?

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2 Lawyer Answers
James A. Greer
James A. Greer
Answered
  • Boulder, CO
  • Licensed in California

A: Dear Neighbor Dispute Client: The simple reply to your inquiry is to start with a Cease And Desist letter, wherein you identify with specificity the utterances made by the neighbor to prospective purchasers along with approximate dates, and make legal demand for the neighbor to stop said utterances.

JIM GREER is an attorney licensed to practice in CA and CO and has specialized in real estate matters for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 858.481.9006

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: I like Mr. Greer's suggestion, and I would suggest you investigate taking it a step further, by looking online to the forms necessary for a Restraining Order re: harassment. The problem that you will run into is the "I don't want to get involved." syndrome. You need evidence in the form of declarations of as many people that were approached improperly by this neighbor, including your own Realtor (who won't want to do it because they might sell the other guy's house next). If you can get 2 potential buyers that were scared away by this neighbor, that should be able to do it for you, but the more evidence the better.

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James A. Greer agrees with this answer

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