Neighbor's sign scares off prospective buyers

[Liberal_in_LA]

Ornery Neighbor Scaring Off Prospective Buyers?

If you thought foreclosure signs were bad for home sales, wait till you get a load of this Brighton, Colo., homeowner's spray-painted disclaimer.

Titus Terranova, the implausibly named homeowner whose property abuts a home for sale in the rural Colorado town, has taken it upon himself to give prospective buyers the lay of the land.

In bright red letters painted on the side of his recreational vehicle, Terranova scrawled the following:

"WARNING / 3 Rottweilers / Loud Parties / Loud Music / Loud Cars / Anti-Horse / Fireworks / Call for more info."


-------------------------


"We have no legal recourse," Lalonde told AOL Real Estate. She says that she has emails that show previous buyers have turned down the property because of the neighbor's sign, but worries that the case would not hold up in court.


But there may be hope, according to James Benjamin, a Denver real estate attorney. If it can be proven that Terranova is causing intentional emotional distress, he says, it's "akin to someone walking up and hitting you in the face."

http://realestate.aol.com/blog/2011/09/22/watch-ornery-neighbor-scares-off-prospective-buyers/?ref=mostpopular

[CurtEastPoint]

1. Not to cast 'asparagus' but take a look at the neighbor from hell, Mr. Titus Terranova

and let's just guess how he votes!

[Trajan]

2. Ah ... There it is ...

The grease rag I discovered missing from under the kitchen sink ....

[seabeyond]

20. what an ass. nt

[formercia]

25. He looks just like my BIL

another asshole.

[frazzled]

3. There must be some damned ordinance that prohibits this

Or a lawsuit not just for emotional distress but for loss of income.

We had friends who were selling their condo in the North End of Boston after having rented it for several years (they'd moved to another city). Another owner in the building was apparently scaring away interested buyers, because they didn't want anyone else moving in (it was a 4-unit building). My friends finally hired a high-power attorney, and after a year of scuttled deals, it all suddenly ended very quickly after a threatening letter. They sold soon after that. It was definitely worth the steep attorney's fee, because they were paying a mortgage every month for a unit they were neither living in nor renting any longer. They just couldn't afford to do it for long.

[jberryhill]

18. Prohibits putting a truthful sign on your own property?

What sort of ordinance would prohibit that?

[Shagbark Hickory]

37. A sign ordinance of course. But technically this isn't a sign. It's an R.V. n/t

[frazzled]

57. Lots of places have zoning restrictions that prohibit signs

Where there's a will there's a way.

[jberryhill]

61. Yes, with enough creativity, anyone can be shut up

[LanternWaste]

63. Quite the narrow perspective, chief...

I would imagine that with or without the sign, our resident rat would still maintain the ability and the right to say what one mere sign may or may not read.

With enough creativity, anyone can find the ability to communicate... except those with narrow perspectives. :shrug:

[jberryhill]

67. Oh, okay, well send in the cops with mace then, bub

[Hassin Bin Sober]

66. Especially people who signed on to an HOA.

Five bucks says the HOA prohibits signs so he is being cute by marking up his RV.

[tammywammy]

69. He's president of the HOA. So says a post further down. n/t

[Hassin Bin Sober]

70. So? He still has to follow the rules. I've been president of our HOA for 10 years.

[Zanzoobar]

4. There's more to this story

I hope he gets a neighbor just like him.

[Warren DeMontague]

27. unless a long-running dispute is involved

maybe Mr. Terranova, as president of the HHA, doesn't want nearby houses selling at current market values, which may be depressed from where they were a few years ago? :shrug:

[saras]

5. Are any of those things illegal where he lives? They are here.

I wonder if that's his real phone number. You'd think that after a few thousand calls, he'd get tired of telling people how long his Rottweilers' penises are.

[Xithras]

6. I 100% agree with the neighbor, and disagree with the sellers

What the sellers are advocating, in essence, is that the neighbor hide his boorish behavior until they can sell the house and make it someone else's problem. The press regularly runs stories about people who buy their dream homes only to discover that they live next door to the neighbors from hell. This guy is simply being upfront and honest about it, "If you live next door to me, here is what you should expect..."

The sellers complaint boils down to the fact that they're unable to defraud the buyers by hiding one of the properties worst attributes...the guy next door.

When you buy a house, you're also buying the neighborhood it's located in. You're buying your neighbors. Don't buyers have a right to know what they're getting?

[provis99]

7. yep. You're right.

The neighbor clearly is an asshole who would bug the new owners. so he's actually doing prospective buyers a favor by loudly proclaiming his assholiness.

[ThomThom]

68. that is correct maybe someone with pit bulls, dirt bikes, and loves

to party and drink all night will buy the house then everyone will be happy

[Major Nikon]

10. The bottom line is he should never have been allowed to run off his neighbors in the first place

Noise ordinances in the US are largely non-existent or rarely enforced.

You want to own a car or motorcycle that can be heard for miles away? No problem!

You want to own pets that make noise incessantly at all hours of the day and night? No problem!

You want to throw loud parties at all hours of the day and night? No problem!

In the US, people seem to think they are entitled to do these things in the name of freedom. In other countries, you can't even mow your lawn at certain times of the day. Something is terribly wrong when the boors can terrorize everyone else. That's not freedom.

[RKP5637]

11. +1, n/t

[virgogal]

15. I don't know whr you are but in my town the noise ordinances are

pretty strict.

[Major Nikon]

17. Certainly there are a few areas where this is the exception

And I commend them for it.

The reality is most states have no laws regarding noise limits, and in the states that do have them they are rarely enforced.
http://www.riderzlaw.com/Motorcycle-Info/Motorcycle-Laws/Noise-and-Emissions/Noise-Polution-Standards-By-State.aspx

I can stand in my back yard and I don't have to wait 5 minutes before I can hear a vehicle > a mile away, day or night. I would run out of fingers counting the number of car and home alarms I hear. If you do happen to call the cops on noisy neighbors, they almost certainly face nothing more than a warning, assuming the cops show up at all.

In almost every area I've traveled to in Europe, this is NOT the case. They take noise pollution seriously.

[alfredo]

56. OUr state made fireworks legal, so every night some asshole

set off an aerial bomb. I guess he finally ran out of them, or the neighbors came down on him. After a while, you knew it was coming, but you weren't sure when. Where we live it is bowl shaped, so the noise echoes around our neighborhood.

We have several combat veterans in our neighborhood. I know they were not very happy with what that asshole was doing.

[Xithras]

23. These are horse-lots out in the farmland.

We're not talking about a nice house in suburbia here. These are large-lot homes out in the country many miles from any incorporated cities. These are the kinds of places people buy when they WANT to live a "louder" lifestyle.

So, yeah, he has a right to be a little loud, have a few dogs, and party if he wants. It's his land.

[Major Nikon]

41. The homes are about 60 ft from each other

We're not talking about 200 acre horse farms. These are simply larger lots that are still contained within sprawling editions. The lot in the listing is 1.5 acres, which isn't that much bigger than the lot I live on, which most certainly is in suburbia.

But yes, you are right. These areas do attract these types of people (assholes) because they can't live in incorporated areas that have ordinances against this type of assholery. They feel that since they are living out in the 'country' they are now fully entitled to live their rube lifestyle. I lived in an area that was very much like that one and would never do so again. It only takes one or two assholes to ruin the entire edition and your recourse against them is basically nothing.

[Union Scribe]

16. I know I wish I had that disclaimer from some of my neighbors, lol.

And, in truth, I know I probably played a role in an elderly lady not buying a house across from me because she asked if it was a quiet neighborhood and I told her no. After all, a house isn't like any other purchase, where you can return it.

[jberryhill]

19. Lots of love for the First Amendment in this thread

Kinda funny, really.

[seabeyond]

22. one can think the man an ass, without missin with his first admendment. nt

[Shagbark Hickory]

42. There is malicious intent to interfere with the sale of their property though.

Even a vision-impaired individual can see that.

[customerserviceguy]

53. Looks like there is an intent

to keep the seller from misleading prospective buyers about the truth of the neighborhood. By the way, I didn't see any evidence that the guy with the RV was talking about his own behavior, perhaps he's referring to other neighbors, and sees this as an opportunity to persuade them to change.

[Xithras]

54. Any legal challenge will depend on the truthfullness of his claims.

Neither the seller or the news reporter have claimed that the claims are false, so my post was made with the understanding that he was talking about himself, and that he was being honest. In this case, the honesty and accuracy of his statements are important to protect him from legal challenge. You can't show malicious intent if his statements are factual.

[Hassin Bin Sober]

64. And if he proves his claims ARE truthful, and his actions can be shown to affect the neighbor's...

... market value - then his behavior moves from the "boorish" to the "actionable."

He has admitted his behavior is such that it will affect the "quiet enjoyment" of the property next door. He has admitted his sign is meant to dissuade any prospective buyers seeking "quiet enjoyment" of the property - thereby limiting its marketability.


And, while local noise ordinances may or may not exist, the seller has remedy in court for a common law "nuisance" tort. Now with actual damages.

He has put himself in a tough position. He will have to go in to court and admit he is either a liar (actionable) or such an ignorant pig that he (and he admits this) has placed a limit on the marketability of the neighbor's property. This would open him up, as the article states, to a BUNCH of damages. He has taken this from "I can't sleep at night so you owe me $1500 dollars" to "Your nuisance(s) cost me $100k"

[Gormy Cuss]

52. OTOH, there's nothing in the linked article to substantiate the neighbor's claims.

Maybe he's making most or all of it up just to get back at the seller.

[onethatcares]

8. can we get an address?

I might like to buy the house:evilgrin:

[Shagbark Hickory]

46. If you click on the article, there is a link to the listing which shows the address.

or here's a link
http://realestate.aol.com/homes-for-sale-detail/16270-Great-Rock-Way_Brighton_CO_80603_M27450-13990

[Little Star]

51. It's a very nice home. n/t

[lunatica]

9. Now we know the reason the house is for sale

The owners have had the neighbor from hell next door. And evidently he's such an asshole that he won't even let these people get away from him.

I see violence in the future of that neighbor.

[Liberal_in_LA]

14. In California, condo complexes have had to disclose a long running dispute

with a neighbor from hell during the sell. the dispute was considered no different than any other type of required disclosure.

[Ikonoklast]

12. This will end up with Mr. Terranova spending money.

Someone will buy that house, and use the force of law to make Mr. Terranova comply with every local, city, and state statute regarding noise, pet control, trespassing, and intimidation; and if he refuses, they'll sue him into oblivion.

Jerks like that think they can intimidate anyone.

Your rights end where the law says they end, not where *you* say they end, jackass.

He might be biting off waaaayyyyy more than he cares to chew on this one.

[Shagbark Hickory]

38. Who in their right mind would do that? There's a lot of houses to choose from right now.

[xchrom]

13. Boorishness is a form of non-conformity.

May that man get what he is wishing for.

[Nostradammit]

21. Of course, the douchbag is president of the homeowner's association.

Sociopathic Teabaggers are the bane of modern civilization in the U.S.

http://homeownersconcerns.com/images/meeting_minutes/board_mm_greatrock_mar18_10.pdf

303-906-6660

[JVS]

45. ROFL!

[Warren DeMontague]

24. I believe Nostradomus predicted the coming of the Anti-Horse.

He'll have a giant battle with the real Horse at the end of time.

[L0oniX]

44. LOL

[Leopolds Ghost]

58. Preceded by the Four Horses Of the Apocalypse?

Tirek, a gigantic half-goat/half-horse/half-man and 150 percent motherf---ing hellspawn, lives in his Midnight Castle.

[Warren DeMontague]

26. One thing Red State Merkins love more than cheetohs & media attention

it's a pointless dick-swinging contest.

I suspect that, due to the additional attention, this property will sell soon, and to an even bigger asshole than Mr. Titus Terranova.

That's what's known in the parlance as "karma".

[Recovered Repug]

28. The "Anti-horse" just cracks me up. nt

[SoCalDem]

30. Horses tend to attract flies ..

There's a community near here that was once a horse enclave with more trails than roads, and within the past decade it's become an ordinary bedroom-community with the newcomers suddenly realizing that there are horses, goats, chickens etc in that rural paradise they CHOSE to live in, There are always squabbles between the "new folks" and the old-timers who chose that place decades ago so they could have horses, goats, chickens etc. The common complain it flies, flies and more flies

[WinkyDink]

36. It is "anti-horse fireworks". It's the FIREWORKS he is complaining about.

[JVS]

47. Isn't he exposing an Achilles' heel by announcing that?

[Sen. Walter Sobchak]

29. Probably still has nothing on Dale McDaniel for "Worst Neighbor in America"

http://newportrichey.wtsp.com/news/weird/76154-quadriplegic-says-violent-neighbor-assaulted-him-fish

[Brickbat]

31. The Horsegirl of the Apocalypse is going to kick this guy's ass.

[Leopolds Ghost]

32. What Does He Have Against PONIES?

HATE DETECTED



ACTIVATE ORBITAL FRIENDSHIP CANNON!

[Ian David]

34. What KIND of ponies?

[Leopolds Ghost]

55. Hmm, not the same kind of ponies.

Besides, everyone knows Rainbow Dash is a lesbian. She looks and sounds like Rachel Maddow, for God's sake!

Source: Professional Wrestling Forum

[Shagbark Hickory]

39. I live behind a property with horses and I can tell you they a.) STINK b. ) attract flies

This is of course dependent on having an owner that is irresponsible and doesn't care about their horses or anybody else but anywho...

[Ian David]

33. Tortious interference?

Tortious interference
From Wikipedia, the free encyclopedia


Tortious interference, also known as intentional interference with contractual relations, in the common law of tort, occurs when a person intentionally damages the plaintiff's contractual or other business relationships. This tort is broadly divided into two categories, one specific to contractual relationships (irrespective of whether they involve business), and the other specific to business relationships or activities (irrespective of whether they involve a contract).

Description

Tortious interference with contract rights can occur where the tortfeasor convinces a party to breach the contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised. The classic example of this tort occurs when one party induces another party to breach a contract with a third party, in circumstances where the first party has no privilege to act as it does and acts with knowledge of the existence of the contract. Such conduct is termed tortious inducement of breach of contract.

Tortious interference with business relationships occurs where the tortfeasor acts to prevent the plaintiff from successfully establishing or maintaining business relationships. This tort may occur when a first party's conduct intentionally causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred. Such conduct is termed tortious interference with prospective business relations, expectations, or advantage or with prospective economic advantage.

More:
http://en.wikipedia.org/wiki/Tortious_interference

[Hassin Bin Sober]

65. Of course it is.

Either that, or he has created such a nuisance that he, admittedly, limited the neighbor's marketability.

[WinkyDink]

35. I can TOTALLY sympathize. Even been contemplating something similar. I live in suburbia, but loud

prevails: mufflers; cell-phone conversations outside; music; deck parties; barking; fireworks.

I HATE MY NEIGHBORS. If you could see this one moron's front yard with higgledy-piggledy woodpiles, a fire-pit, old bench, and a pick-up truck ON BLOCKS---in a development of 4 BR/2 1/2 BA $300K homes!---you would understand. YES, HERB, I AM TALKING ABOUT YOU.

And there is a house for sale across from the other moron, BrianBoy. Did I mention his kids threw stones FROM ACROSS THE STREET that HIT MY HOUSE (the stones hit, not the street)?

Yes, a sign sounds awfully tempting.

(BTW: No kids or pets here. Very quiet.)

[Shagbark Hickory]

40. I swear dude... my next place will be a MINIMUM of 10 acres.

My lot will be it's own neighborhood. :silly:

[bluestate10]

50. That is the way to solve problems. A 10+ acre, square shaped property,

with you house sitting smack dab in the middle of it with plenty of trees between the house and the property lines. An alternative is to live in an exclusive neighborhood, but the downside is constant interaction with republican voting snobs.

[snagglepuss]

48. There must be a Hateful Neighbor website and it sounds like Herb or his house

ought to be in the gallery.

[JVS]

43. They just need to find a buyer who likes that stuff too

[Shagbark Hickory]

49. Lots of people in my area appear to like that stuff. Esp the fireworks

which are illegal here.

[Sancho]

59. If I were a buyer, it would be fair disclosure to know about Titus!

Can you imagine having to live beside such an asshole!? It may be hard to sell..OTOH...advertise in some gun-toting-tea-bagging blogs and maybe someone is looking for a neighbor just like old Terranova!

[Darth_Kitten]

60. Well, if his current neighbours are SO bad, wouldn't the problem go away with new neighbours?

No more dogs? Parties? :shrug:

I'm sure they'll be taking the rottweillers. :)

[Gold Metal Flake]

62. Unclear on this...

Who is being described by the "sign"? Titus? Another neighbor? Or are the claims of the sign just fictional? I understand the intent, even if I don't understand the underlying motive, but if someone is keeping three rotts (regardless of their demeanor and socialization) would their home not be easy to locate, for example?

I hate these badly written news accounts (no offense to the OP or anyone in the thread).

I haz a confusion.