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Private Nuisance affecting home sale

  • Thread starter Thread starter neilm
  • Start date Start date

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N

neilm

Guest
What recourse do I have in this home sale issue?:

My house is on the market, in a strong sale area (California, Bay Area). The house is in excellent shape, but one of our disclosures is killing us. We were advised to fully disclose troubles we have had in the past with a "crazy" neighbor. The troubles got so bad we were issued a restraining order against her for threatening to kill my wife in public. The trouble is, her landlord refused to evict her, even after the order was handed down (he claimed evicting Section 8 tenants required a higher burden of proof. I say he is afraid of her). Now we have had several offers drop out after reading the restraining order.

Question: If we have to accept a lower offer, can the landlord be held liable for his unwillingness to evict in the amount of the difference between initial offer price and post-disclosure offer price? It now appears that only one offer is on the table, and this is for significantly lower than when we had multiples.

ps. The landlord has had documented troubles with this tennant for over five years. The police have these records as well.

help,
nm
 


H

HomeGuru

Senior Member
The neighbor may be correct on the Section 8 issue if he used the Section 8 rental agreement that sides with the tenant. That is why my Section 8 tenants are forced to use my own lease agreement form.

You could sue this neighbor under an economic loss doctrine but it is somewhat complicated and there are slim chances of prevailing.

Your best route would be to go to sue you neighbor and force him to evict the tenant. Or sue the tenant directly.
 
N

neilm

Guest
At this point we have an offer that looks ok. Suing the tennant won't work as she has no money. Would we still have a chance, albeit slight, to go after the landlord under the "economic loss doctrine" AFTER we sell (at the lower price)? And what is considered the average burden of proof for an economic loss claim?

Thanks,
~nm~
 
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