How to handle a neighbor who can kill your home sale?
Question from a prospective seller: We listed our home for sale about a month ago, and our real
estate agent has been conducting open houses. On more than one
occasion, our next-door neighbor has made derogatory or rude remarks to
the Realtor, potential buyers and other agents visiting on open house
days.
One particular couple was very interested and even came
back to see the house a second time -- only to have our neighbor "snap"
at the wife. The couple's interest completely vanished following that
incident.
My wife and I have spoken with the neighbor, asking
her if there was a problem. The neighbor told us that our visitor had
parked in her driveway and that she had merely asked the car be moved.
The neighbor also admitted that she had been in a bad mood that day and
that she may not have been very nice to the potential buyer.
Since
then, our agent has told us that the neighbor has also snapped at
visiting brokers and made derogatory comments directly to the Realtor
about the price of my home.
Is there anything we can do to make the neighbor stop deterring potential buyers with her negative behavior and comments?
A: I am surprised that you are still calling her your "neighbor."
There are several things that you can do, starting slow and then, if need be, escalating your approach.
First,
you and your wife should sit down and talk to your neighbor. If she is
married or has a companion, insist that all owners of that house join
you. Explain that you are concerned about the behavior, and that it may
already have cost you a potential buyer. Find out if there is a
problem. Your agent suggested that she may be concerned about the price
you are looking for. Discuss this openly with her. I doubt that she is
concerned that you have overpriced the house. However, she may be
troubled that if you sell the house too low, that will impact on the
value of her house.
It may be a good idea to get some market
comparables from your agent in advance of your meeting. It may also be
that you are, in fact, trying to sell the house too low and it would be
worth your while to get a second opinion from another agent.
Do
not threaten your neighbors in any way. Listen and be polite, but make
it clear that you plan to sell and would appreciate no further
interference from them.
If your neighbor really does have
legitimate concerns, try to address them as soon as possible. Perhaps
they would like you to move the times when you are holding your house
open. Perhaps too many other visitors have been parking in their
driveway. These issues can be resolved easily with the cooperation of
your agent.
See if this laid-back approach works. You should
also consider showing up at the next open house to see if there are any
more incidents. You obviously don't want to interfere with your agent's
activities when visitors show up to view your house, but you certainly
can be around, making your presence known to your neighbors.
If
this does not work, then I suggest you consider retaining an attorney
who can write a strong letter to your neighbors, advising them that
they are interfering with your right to peacefully sell your house and
that they should "cease and desist." Often, a letter on a lawyer's
letterhead will do the trick.
But if all else fails, you may
have no alternative but to take them to court. The cause of action
would be private nuisance -- by their conduct, they are creating a
nuisance that is causing you economic hardship. The judge will be asked
to issue a restraining order against your neighbor, especially during
the times that you are holding those open houses. No one likes to be
sued, and the mere filing of a lawsuit may resolve the problem.
If
you have to file suit, you will need proof of the disturbances your
neighbors are creating. Your agent will most likely be the principal
witness on your behalf, so you will have to make sure that she has
documented the times when there were problems. The ideal proof, of
course, would be to get testimony from the couple who backed away from
the house as a result of the neighbor's conduct, but I doubt they will
want to cooperate.
I assume there has been no violence involved.
If so, then you have every right to ask your local police to
investigate and possibly even monitor the house during subsequent open
houses.
One additional suggestion: While you may consider this
to be a complete capitulation to your neighbor (and it certainly will
not be as effective as an open house), you might want to consider
having prospective buyers come to your house "by appointment only."
Many homeowners do not like the concept of an "open house," with people
opening closets and desk drawers, so it is one way to try to market
your home.
There is no legal or moral obligation to be friendly
with your neighbors. Some people want their privacy and consider their
home to be their castle.
But there is an obligation to be civil, and that's the message you should be sending to your next-door neighbor.
Contact
Ritu Desai,
Realtor, EcoBroker, ABR,ePRO
at Samson Properties
Cell: 703-625-4949 or
Email:Info@eNOVAHomes.com
www.eNOVAHOmes.com
You
are interested in purchasing or selling a property in Northern Virginia
Arlington County, Alexandria City, Loudoun County, Fairfax County, Falls Church
City & Prince William county.