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Slander?

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JohnLittle

Junior Member
i had my car smashed by a neighbors tree.The tree was dead for years.I asked the neighbor to help me.He said $200 or nothing because it was an old car.I wasn't pleased with that price.He **** me out and refused to talk to me or my wife.He continue to ignore me while he worked on his tenants walkway.I got upset and told him that he is a cheat and crook and I could post a review to the BBB stating that he is a slumlord.2 weeks go by from tha incident.He comes to my door saying he will pay me $400 for my car if I sign a document stating that if I go public with any bad things about him he will sue me for $500 for each infraction....is this legal of him?I have over $2000 grand in damages from this
 


Zigner

Senior Member, Non-Attorney
i had my car smashed by a neighbors tree.The tree was dead for years.I asked the neighbor to help me.He said $200 or nothing because it was an old car.I wasn't pleased with that price.He **** me out and refused to talk to me or my wife.He continue to ignore me while he worked on his tenants walkway.I got upset and told him that he is a cheat and crook and I could post a review to the BBB stating that he is a slumlord.2 weeks go by from tha incident.He comes to my door saying he will pay me $400 for my car if I sign a document stating that if I go public with any bad things about him he will sue me for $500 for each infraction....is this legal of him?I have over $2000 grand in damages from this

How much is your car worth?

Yes, it's legal for him to do this. You were WAY out of line with your threats.
 

quincy

Senior Member
i had my car smashed by a neighbors tree.The tree was dead for years.I asked the neighbor to help me.He said $200 or nothing because it was an old car.I wasn't pleased with that price.He **** me out and refused to talk to me or my wife.He continue to ignore me while he worked on his tenants walkway.I got upset and told him that he is a cheat and crook and I could post a review to the BBB stating that he is a slumlord.2 weeks go by from tha incident.He comes to my door saying he will pay me $400 for my car if I sign a document stating that if I go public with any bad things about him he will sue me for $500 for each infraction....is this legal of him?I have over $2000 grand in damages from this

What is the name of your state? Defamation laws vary in significant ways from state to state.
 

JohnLittle

Junior Member
How much is your car worth?

Yes, it's legal for him to do this. You were WAY out of line with your threats.

He has had a lawsuit with his next door neighbor also.He can't prove that anything I say on FB hurts his pocketbook.Its not slander if it's true.He owes me for his negligent and decrepit tree that continues to damage my home and property.Telling me $200 or nothing when he never bothered to look at my estimate is a joke.
 

cbg

I'm a Northern Girl
And you're prepared to prove in a court of law, to the satisfaction of a court, that he is a slumlord?
 

quincy

Senior Member
i had my car smashed by a neighbors tree.The tree was dead for years.I asked the neighbor to help me.He said $200 or nothing because it was an old car.I wasn't pleased with that price.He **** me out and refused to talk to me or my wife.He continue to ignore me while he worked on his tenants walkway.I got upset and told him that he is a cheat and crook and I could post a review to the BBB stating that he is a slumlord.2 weeks go by from tha incident.He comes to my door saying he will pay me $400 for my car if I sign a document stating that if I go public with any bad things about him he will sue me for $500 for each infraction....is this legal of him?I have over $2000 grand in damages from this

Thank you for providing your state name, JohnLittle.

Slander, by the way, is oral or spoken defamation. Libel is its written equivalent.

Anything you say about your neighbor to your neighbor alone, when no one can hear what you say, is not slander. For a statement to be defamatory, it must be communicated to a third person (at least one other person). So you can call your neighbor a cheat or a crook or a slumlord to his face without worry of a defamation suit. In that situation, the worry comes from the risk your neighbor's fist will wind up in your face. ;)

What you WRITE online, however, carries more legal risk. Libel is, for one thing, more permanent than oral comments. Libelous statements stick around while slanderous words are fleeting. So you must be careful not to write false comments that harm the character and reputation of your neighbor.

Words like cheat and crook and slumlord are considered "red flag" words that should be avoided. Words that can cause harm to a person in his trade, occupation or profession are especially dangerous to use. They can support, and have supported, costly defamation lawsuits.

If you feel the need to write about your neighbor, stick instead to provable facts (his tree fell on my car, he refuses to pay a fair price) and PURE opinion (I don't like him). You should not state or imply anything false.

It can be important to remember that "truth" is only a defense to a defamation claim. It does not prevent a suit.

If you want to ignore your neighbor's offer to pay you $400 in compensation for damage to your car in exchange for your silence, you are free to ignore it. Trying to buy silence never works very well anyway.

I suggest that, instead of a battle of words (online or off), and if an amicable agreement cannot be reached, that you get the insurance companies involved or you take your neighbor to court and sue him for damages.

Good luck.
 
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JohnLittle

Junior Member
Thank you for providing your state name, JohnLittle.

Slander, by the way, is oral or spoken defamation. Libel is its written equivalent.

Anything you say about your neighbor to your neighbor alone, when no one can hear what you say, is not slander. For a statement to be defamatory, it must be communicated to a third person (at least one other person). So you can call your neighbor a cheat or a crook or a slumlord to his face without worry of a defamation suit. In that situation, the worry comes from the risk your neighbor's fist will wind up in your face. ;)

What you WRITE online, however, carries more legal risk. Libel is, for one thing, more permanent than oral comments. Libelous statements stick around while slanderous words are fleeting. So you must be careful not to write false comments that harm the character and reputation of your neighbor.

Words like cheat and crook and slumlord are considered "red flag" words that should be avoided. Words that can cause harm to a person in his trade, occupation or profession are especially dangerous to use. They can support, and have supported, costly defamation lawsuits.

If you feel the need to write about your neighbor, stick instead to provable facts (his tree fell on my car, he refuses to pay a fair price) and PURE opinion (I don't like him). You should not state or imply anything false.

It can be important to remember that "truth" is only a defense to a defamation claim. It does not prevent a suit.

If you want to ignore your neighbor's offer to pay you $400 in compensation for damage to your car in exchange for your silence, you are free to ignore it. Trying to buy silence never works very well anyway.

I suggest that, instead of a battle of words (online or off), and if an amicable agreement cannot be reached, that you get the insurance companies involved or you take your neighbor to court and sue him for damages.

Good luck.

Thank you for your help
 

JohnLittle

Junior Member
How much is your car worth?

The car is a old vehicle.A 1992 with 90k.Still in good condition.Used it for a work car.He didn't want to pay me because he"didn't want to buy that car"He has no interest in offering me any compensation and I haven't had any communication with him for 2 months.My only recourse is to take him to court.On Kelly Blue Book it list the price of my vehicle at $600-800 trade in value.I asked for $400.I thought that was fair considering he took all my options away from me with the vehicle
 

JohnLittle

Junior Member
And you're prepared to prove in a court of law, to the satisfaction of a court, that he is a slumlord?

I don't have to prove he's a slumlord.I have to prove his dead tree smashed my vehicle.Him being a business owner with multiple lawsuits against him is his own fault
 

quincy

Senior Member
The car is a old vehicle.A 1992 with 90k.Still in good condition.Used it for a work car.He didn't want to pay me because he"didn't want to buy that car"He has no interest in offering me any compensation and I haven't had any communication with him for 2 months.My only recourse is to take him to court.On Kelly Blue Book it list the price of my vehicle at $600-800 trade in value.I asked for $400.I thought that was fair considering he took all my options away from me with the vehicle

So the only issue is that, although your neighbor is willing to pay you $400, he will only do this if you agree in writing to not publish anything bad about him?

Given this, it appears to me that your best course of action is to accept his offer.

Although he says he will go after you for $500 if you publish anything negative about him and this worries you, the fact is that he can sue you over any defamatory comments you make whether you sign the agreement or not and, depending on what you write, he could collect in damages far more than $500 for injury to his reputation or his business reputation.

Writing a negative review, in other words, would not be in your best interests either way.

The paying-for-silence (non-disparagement) clauses in contracts have had their legality challenged in courts in the past, with mixed decisions. Some courts have held them enforceable and not an infringement on first amendment free speech rights. But the specific terms have mattered.

If everything can be resolved with a signature on a non-disparagement document, despite the possibility it can be enforced in court, that sounds to be the best and easiest and cheapest solution.

If you decide to go this route to get the matter resolved, it probably would be smart to have the agreement reviewed by an attorney in your area prior to signing. A free legal aid clinic might be able to do this review so you can avoid spending your $400 on a lawyer. :)

Good luck.
 

cbg

I'm a Northern Girl
I don't have to prove he's a slumlord.I have to prove his dead tree smashed my vehicle.Him being a business owner with multiple lawsuits against him is his own fault

You do if you're defending yourself in a slander case because you said he was a slumlord.
 

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