My ex-Neighbor Wants to Sue Me (actually my Wife) For Sabataging Her Home Sale!

[M.D. Holloway]

One ofr our neighbors got a job in Austin last year. They put their house on the market but have had marginal traffic and few showings. They were asking way more than the market would allow. They were trying to re-coup on the cost of a pool they put in a few years prior and frankly it was a fools bet.

So, they keep the house on the market and rent it out for $3 large a month to cover the note. The house has been on the market for 18 months with no offers.

11 months ago my wife had a few of her girl friends over at around 2PM for a girlly pool party complete with beer and music. I gues they had the tunes going and were dancing. At some point the neighbor calls and asks to have them be quite because she is having a showing and she doen't want the prospects to be put off.

Well, this went over like fine china in a rodeo rink. The ladies have always had it in for this neighbor primarily because she is a screaming nut job, a pain in the arse and nothing but a burdon on anyone who provides her the time of day. I can't say she has done anything to me up until recently only because I give her the consideration and attention she desserves - zero.

Well, back to the party. The moms continued to laugh dance and sing and my Wife tells the neighbor that she will turn down the music but won't be something she is not - she will continue to entertain and that if the prospects are interested in moving in then they best understand that from time to time there will be some noise coming from next door - its life and its legal. I think my Wife should have been more respectful but that is a whole other can of rotting worms...

The sale didn't happen. She continued to have more showings but no offers. Mind you now, we were gone pretty much all summer. Also, the renters agreed in contract to allow showings with adiquate notice and failure to due so resulted in a $100 fine.

Jump to most recently - our wooden fence is rotting away - the other three neighbors agree and we look to replace it and split the cost. The neighbor that now lives in Austin refuses to pitch in for her portion - she is in to me for $975 for her portion. Mind you, I got three quotes and went with the middle one. According to the Town Order and the HOA, neighbors own 50% of the fence and when in disrepair have to fix or replace.

I called her and she refused to pay me then accused us of sabatage - she says she will sue.

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The further adventures of Stepford Place...

[Tobra]

Sue her in small claims court for her half of the fence. Give them a certified letter laying it all out with enough notice that she can do the right thing if they come to their senses. Then when you can say, "Your honor, we did all we could to work this out and not waste the court's time."

File a complaint with the HOA too.

[Targa Me]

Did that neighbor call the police and file a report on the party? If not, her suit will go nowhere.

[andrew15]

I had a jackass neigbour before as well. If I were in the same situation, and it would have have helped them sell the house and leave my life forever, I would have cancelled the pool party right then and there. Sometimes you have to pick your battles and winning one that keeps your neighbours around longer seems like losing to me...

[boba]

Can you go to the HOA and have them put a lien on her house that must be paid prior to closing on the sale of her house?

[stomachmonkey]

Meh, nuisance suit. Even if she got the potential buyer to testify that they did not buy because of the noisy neighbors she'd still need to prove malice and intent. Good luck with that.

So you spearheaded the fence replacement? One could argue that you were the GC.

Tell her she can pay or you'll slap a lien on her property which is sure to attract potential buyers.

[A930Rocket]

One showing and one party voided a sale? No, it was a SHOWING, not a sale.

As mentioned, take her to small claims for the fence.

Next case!

[stomachmonkey]

Originally Posted by andrew15

I had a jackass neigbour before as well. If I were in the same situation, and it would have have helped them sell the house and leave my life forever, I would have cancelled the pool party right then and there. Sometimes you have to pick your battles and winning a one that keeps your neighbours around longer seems like losing to me...

This.

[Jim Bremner]

This thread is worthless with out pictures of said pool party.

[Scuba Steve]

Originally Posted by boba

Can you go to the HOA and have them put a lien on her house that must be paid prior to closing on the sale of her house?

WINNER!
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[sammyg2]

Can you imagine if Lubey and oddjob uno were neighbors?
LOL

[ODDJOB UNO]

ahhh the "ol i'm a clown non attorney fence/wall" CONUNDRUM!



1st me being me................i would have ANOTHER FIESTA/FESTIVUS!

2nd i would put a CONTRACTORS LIEN on their house for the amount owed.

3rd i would have ALL the PAPERWORK filled out for a R.O.(restraining order) ready to submit to lokal judge, for when they get lien on house their selling. until satisfied they cant sell. this will show you mean biz.

4th i would play "BOY BAND" music at legal decibals along with really good mariachi music.

5th i would alternate my 12 ga rds to OO buck/slug/OO buck/etc.



all the above will solve the problem. trust me.

[Zeke]

Much ado about nothing. Your neighbor better learn something about lawsuits before she is named in one.

So, yes, set things in motion and send her a letter of demand. At least show her how it's done. Then, if you hear elsewhere about her and what she has to say about you, send her another letter. Certified, of course.

[nostatic]

Maybe she didn't like the color you were going to use...

[aigel]

3k in rent? How much are they asking? I suggest buying the house!

George

[dtw]

Good thread, but it ain't 2-parking spaces or tapped-bumper good.

[M.D. Holloway]

If I could talk to her husband I could settle this - we have always got along fine. She won't let me talk to him and or give me his new number. I am tempted to call him at his new job but my Wife says to just let this dog sleep. But shyt I just love pestering sleeping dogs!

I think I will take all your advice and get sound letters out as well as a lein and a note to the HOA. I t]like the idea of a RO on her as well - if nothing else than just to send her a message that she shyt ain't tolerable anymore.

I wanted to make a sign and post it in my yard to the effect that:

To Potetial New Owners of The House on 901 ****** ****** Dr., The pervious owner refused to pay her portion of what she ows for a new fence even when I told her I would take as little as $20 a month! Consider that fact when examining all the "new" upgrades that have been made. "

My Wife doesn't like the idea.

I also thought of just replacing my half of the fence - so every 10 feet would be new fence. It would look rediculus but it get the point made. Heck, maybe the realators would pay just to have a better curb appeal? Nah, don't see that happening...

[Porsche-O-Phile]

Stories like this make me REALLY glad my neighbors are (on the six sides of my property):

North: street/highway dedication
NW: "
West: about 100' of forest, then a wide driveway to neighbor's house
SW: forest / undeveloped part of neighbor's land
South: conservation land (state-owned)
SE: "
East: conservation land access (easement to highway on neighbor's property, about 50' wide)
NE: street/highway dedication

Rural living definitely has its perks!

[aigel]

You are doing way too much communicating here. Why do you even know she wants to sue your wife? I would not take calls from them and only address them by letter if you need something. Look at it positively - at least they are in another state!

I would seriously consider buying the house if it is a good investment property.

George