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(ABC News)   Woman sues realtor, saying the realty office should have warned her about her neighbor. Humph -- typical stupid nuisance lawsuit. (reads article) Okay, the realtor and the lady's neighbor both need a nice hot cup of DIAF   (abcnews.go.com) divider line
    More: Scary, Amtrak train, Neighbours from Hell, DIAF  
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24632 clicks; posted to Main » on 07 Jan 2014 at 7:18 PM (7 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2014-01-07 4:13:41 PM  
Isn't that what the police are for?
 
2014-01-07 4:16:38 PM  
Phoenix, a community outreach director for a casino

Hey guys, I just found a job title sleazier than "lawyer"
 
2014-01-07 4:34:49 PM  
There is a little-known sub-species of redneck known as a "piney" that inhabits South Jersey.  These antics by the neighbor seem to be in character with one of those bozos.  The whole "go back to AC" quote from the neighbor is essentially a racist remark.
 
2014-01-07 5:33:07 PM  
They could have a point. The realtor has to disclose any thing about a house that could effect the resell. . Including Murders that have taken place in the house, and up to reports of Ghosts. Yes, people have been sued when they find out their house is supposedly "Haunted" (real or not) as it effects the resell value.
 
2014-01-07 5:36:12 PM  

optikeye: They could have a point. The realtor has to disclose any thing about a house that could effect the resell. . Including Murders that have taken place in the house, and up to reports of Ghosts. Yes, people have been sued when they find out their house is supposedly "Haunted" (real or not) as it effects the resell value.


No, that's not the point. If you read to the end, Lennar sent a letter that started the feud.
 
2014-01-07 6:04:03 PM  

itcamefromschenectady: optikeye: They could have a point. The realtor has to disclose any thing about a house that could effect the resell. . Including Murders that have taken place in the house, and up to reports of Ghosts. Yes, people have been sued when they find out their house is supposedly "Haunted" (real or not) as it effects the resell value.

No, that's not the point. If you read to the end, Lennar sent a letter that started the feud.


They sent the letter because the neighbor was already a tremendous asshole.
 
2014-01-07 6:22:14 PM  

James!: Isn't that what the police are for?

 
2014-01-07 6:39:33 PM  

fusillade762: James!: Isn't that what the police are for?


Has he done anything illegal?  Even if he has, can she prove it?  While blocking the driveway is probably illegal, I'm guessing it is probably just a ticket and calling the cops won't get them dispatched right away.  Imagine how annoying it would get if you had to do that multiple times a week, or explaining to your boss you were 3 hours late to work because you had to wait for the police to show up to ask the neighbor to move his car that was blocking you in, again.
 
2014-01-07 6:39:34 PM  
I don't know what the law is in New Jersey, but in most states, there are specific laws that state the types of conditions and circumstances that must be disclosed to a home buyer by the seller.  These may include such varied things as the fact that someone died in the home, that it had water damage in the past (because it might've resulted in mold), that there is a convicted sex offender in the neighborhood, that the owner did work on the property without a permit, or any number of other things.  But I doubt that "one of the neighbors is an incredibly obnoxious asshole" is one of the conditions required by statute to be disclosed in any state (and especially in New Jersey, which, let's face it, would be a condition that would be true for at least 90% of the homes in that particular state).

Given that disclosure obligations are generally defined by state statutes and the seller has no legal obligation to disclose anything above and beyond the conditions included on the typically long laundry list of conditions stated in those statutes, I'm not sure this person has leg to stand on here.
 
2014-01-07 7:23:04 PM  
*Looks at her pic*

Wow.... she's 53? She can come live in my *cough* Mom's basement with me..... Free room and board!
 
2014-01-07 7:26:48 PM  
Everyone hates lawyers until they need a good one.
 
2014-01-07 7:27:50 PM  

The Evil Home Brewer: *Looks at her pic*

Wow.... she's 53? She can come live in my *cough* Mom's basement with me..... Free room and board!


Well, with her spelling of "Cyndee", I'm guessing Casino Outreach Director is a second career, after "Dancer" stopped paying the rent.
 
2014-01-07 7:28:00 PM  
I'm more concerned with the sidebar article informing me that not only should  I have a thigh gap, but now I need a bikini bridge in order to be conventionally attractive.  WHERE WOULD I BE WITHOUT YOU SIDEBAR STORIES?
 
2014-01-07 7:30:26 PM  

TheWhoppah: Everyone hates lawyers until they need a good one.


.

But then they just pretend to like the lawyer but secretly they are still hating the lawyer
 
2014-01-07 7:30:28 PM  

Cyberluddite: I don't know what the law is in New Jersey, but in most states, there are specific laws that state the types of conditions and circumstances that must be disclosed to a home buyer by the seller.  These may include such varied things as the fact that someone died in the home, that it had water damage in the past (because it might've resulted in mold), that there is a convicted sex offender in the neighborhood, that the owner did work on the property without a permit, or any number of other things.  But I doubt that "one of the neighbors is an incredibly obnoxious asshole" is one of the conditions required by statute to be disclosed in any state (and especially in New Jersey, which, let's face it, would be a condition that would be true for at least 90% of the homes in that particular state).

Given that disclosure obligations are generally defined by state statutes and the seller has no legal obligation to disclose anything above and beyond the conditions included on the typically long laundry list of conditions stated in those statutes, I'm not sure this person has leg to stand on here.


Even possibly dangerous legal territory.  If the asshat neighbor hasn't actually committed any crimes, it might possibly be some form of slander.  It's one thing to say "I have to disclose to you that the man two doors down is a convicted rapist" and another to say "most people think your neighbor is a royal dickwad".
 
2014-01-07 7:32:34 PM  
"Wow, that's quite the flammable vehicle to be parking directly in front of my driveway every day..."
 
2014-01-07 7:34:16 PM  

ShawnDoc: fusillade762: James!: Isn't that what the police are for?

Has he done anything illegal?  Even if he has, can she prove it?  While blocking the driveway is probably illegal, I'm guessing it is probably just a ticket and calling the cops won't get them dispatched right away.  Imagine how annoying it would get if you had to do that multiple times a week, or explaining to your boss you were 3 hours late to work because you had to wait for the police to show up to ask the neighbor to move his car that was blocking you in, again.


Death threats are pretty illegal. Proof of a specific incident would be difficult, but if she kept a written log of events, she could apply for a restraining order.
 
2014-01-07 7:34:24 PM  
I'm pretty certain that she got the disclosure when the neighbor came over before she bought the place.  She saw him for what he was and still bought.  Sorry, you lose.
 
2014-01-07 7:34:40 PM  
Used to work with a guy that had problems with his neighbors two teenagers.  They were always parking their cars in front of his driveway or half onto his lawn.

Since he was the shop foreman he just started driving the company tow truck as a personal vehicle.  The first time he came home to find his driveway blocked he hooked up and towed the car out to some random location and dumped it.

That shiat stopped real quick.
 
2014-01-07 7:35:14 PM  
'Go back to Atlantic City where you belong,' is now a racists comment?
 
2014-01-07 7:35:42 PM  

TheWhoppah: Everyone hates lawyers until they need a good one.


There are very few situations in which one's need for a lawyer isn't because of another lawyer.
 
2014-01-07 7:36:05 PM  
"Go back to Atlantic City where you belong." What a weird threat.
 
2014-01-07 7:36:47 PM  

DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?


Racism jumped the shark with the whole peanut butter and jelly thing.
 
2014-01-07 7:37:08 PM  

DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?


Replace "Atlantic City" with "Detroit", but keep all the actors the same, and see if it still doesn't sound racist.
 
2014-01-07 7:37:10 PM  
There was one of those crazy / threatening neighbors on the cul de sac development just behind me.

Him and my biker-dude neighbor had a history of confrontation (up to and including crazy guy swinging a bat at him) and when someone bought the new house on the cul de sac right next door to crazy Guy, biker dude filled him in completely on what an unbalanced nut-job his new neighbor was.

Luckily, new owner guy had a set of balls of his own and marched over to crazy guys house, banged on the door and laid down the law (dont talk to my wife, my kids or me... and if you do, it's your ass).

Apparently they never had any problems and I hear crazy guy has since been medicated.
 
2014-01-07 7:39:12 PM  

DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?


Can be. Same reason "Go back to africa, where you belong!" can be a racist comment.

But you probably don't think that's racist, 'cause it doesn't have the word n*****.
 
2014-01-07 7:39:17 PM  

teenytinycornteeth: I'm more concerned with the sidebar article informing me that not only should  I have a thigh gap, but now I need a bikini bridge in order to be conventionally attractive.  WHERE WOULD I BE WITHOUT YOU SIDEBAR STORIES?


Gee, thanks for pointing that out. Now I've just spent the last 10 minutes looking at bikini bridges. No, seriously ... GEE, THANKS!
 
2014-01-07 7:40:22 PM  

Benjimin_Dover: I'm pretty certain that she got the disclosure when the neighbor came over before she bought the place.  She saw him for what he was and still bought.  Sorry, you lose.


I agree with this.  Nosy neighbor decided to see why were over my house while we were doing an inspection.  I should have realized then they would be a pain in the ass.  Biggest noise polluters I have ever seen.  And the damn kid decided to disconnect his muffler because it's cool.  And he drives back and forth at least 8 times a day and has to warm up his car so it sounds like an idling semi outside my house all the time.  I want to firebomb his car.
 
2014-01-07 7:44:04 PM  

optikeye: They could have a point. The realtor has to disclose any thing about a house that could effect the resell. . Including Murders that have taken place in the house, and up to reports of Ghosts. Yes, people have been sued when they find out their house is supposedly "Haunted" (real or not) as it effects the resell value.


This is not true in all states, its not true in washington state I know that for sure. You don't have to report a death or murder at a house in washington unless that death/murder caused damage to the actual property.

Also with the way steering laws are set up warning about potential "problem" neighbors could get the realtor in trouble as well.
 
2014-01-07 7:45:48 PM  
First, whar Florida tag?  (South Jersey--the Florida of the North)

Second,

 

Dow Jones and the Temple of Doom: DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?


AC is casinos and ghetto.  I doubt the neighbor was implying she was really lucky and should go play some slots.  So yes, that is a racist comment (particularly with the "where you belong").

Third,

Racism jumped the shark with the whole peanut butter and jelly thing.

PB&J is now racist?  When did that happen?
 
2014-01-07 7:46:41 PM  

Felgraf: DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?

Can be. Same reason "Go back to africa, where you belong!" can be a racist comment.

But you probably don't think that's racist, 'cause it doesn't have the word n*****.


Go back to the Hamptons where you belong.

/there.
//I said it.
 
2014-01-07 7:48:18 PM  

DrPainMD: Felgraf: DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?

Can be. Same reason "Go back to africa, where you belong!" can be a racist comment.

But you probably don't think that's racist, 'cause it doesn't have the word n*****.

Go back to the Hamptons where you belong.

/there.
//I said it.


More anti-Semitic really.
 
2014-01-07 7:48:44 PM  

Danger Avoid Death: teenytinycornteeth: I'm more concerned with the sidebar article informing me that not only should  I have a thigh gap, but now I need a bikini bridge in order to be conventionally attractive.  WHERE WOULD I BE WITHOUT YOU SIDEBAR STORIES?

Gee, thanks for pointing that out. Now I've just spent the last 10 minutes looking at bikini bridges. No, seriously ... GEE, THANKS!


And as I look back to the main page, that is possibly the fastest green I have ever seen.
 
2014-01-07 7:49:47 PM  

Benjimin_Dover: I'm pretty certain that she got the disclosure when the neighbor came over before she bought the place.  She saw him for what he was and still bought.  Sorry, you lose.


If only the law were that easy.  Please tell me you don't have a habit of giving out legal advice.
 
2014-01-07 7:52:55 PM  

Aerdrie: Danger Avoid Death: teenytinycornteeth: I'm more concerned with the sidebar article informing me that not only should  I have a thigh gap, but now I need a bikini bridge in order to be conventionally attractive.  WHERE WOULD I BE WITHOUT YOU SIDEBAR STORIES?

Gee, thanks for pointing that out. Now I've just spent the last 10 minutes looking at bikini bridges. No, seriously ... GEE, THANKS!

And as I look back to the main page, that is possibly the fastest green I have ever seen.


LOL! I thought the same thing! I finished typing that, went back to the main page, and bam!, it was there.
 
2014-01-07 7:54:37 PM  

meat0918: DrPainMD: Felgraf: DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?

Can be. Same reason "Go back to africa, where you belong!" can be a racist comment.

But you probably don't think that's racist, 'cause it doesn't have the word n*****.

Go back to the Hamptons where you belong.

/there.
//I said it.

More anti-Semitic really.


OK... how about Greenwich, CT? Is that WASPy enough?
 
2014-01-07 7:59:23 PM  

mcmnky: First, whar Florida tag?  (South Jersey--the Florida of the North)

Second,

 Dow Jones and the Temple of Doom: DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?

AC is casinos and ghetto.  I doubt the neighbor was implying she was really lucky and should go play some slots.  So yes, that is a racist comment (particularly with the "where you belong").

Third,

Racism jumped the shark with the whole peanut butter and jelly thing.

PB&J is now racist?  When did that happen?


Since George Washington Carver?
 
2014-01-07 8:00:54 PM  

Skyd1v: Used to work with a guy that had problems with his neighbors two teenagers.  They were always parking their cars in front of his driveway or half onto his lawn.

Since he was the shop foreman he just started driving the company tow truck as a personal vehicle.  The first time he came home to find his driveway blocked he hooked up and towed the car out to some random location and dumped it.

That shiat stopped real quick.


I don't know who did it, but a jerk of a neighbor was having loud parties. They had all sorts of people parking up and down the street, blocking the driveway. Me? I was just a tired, poor (so I had to worn as well as party) college student. Unfortunately this was a dead end road, and the guy knew the cops.

Anyway, after the umpteenth loud party, people started filtering out and complaining their cars wouldn't start. Turns out someone had randomly sprayed expanding foam insulation in the exhaust system. Obviously, with nowhere for the waste gasses to go, the cars wouldn't start. Even my car was affected!

Other weird things started happening during the weeknight parties, so less people came to those, rather than be trapped. Door locks glued, tires deflated, et al.

Strangest thing. They never did cath the person.
 
2014-01-07 8:01:28 PM  

meat0918: DrPainMD: Felgraf: DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?

Can be. Same reason "Go back to africa, where you belong!" can be a racist comment.

But you probably don't think that's racist, 'cause it doesn't have the word n*****.

Go back to the Hamptons where you belong.

/there.
//I said it.

More anti-Semitic really.


Go back to Provo where you belong.
 
zez
2014-01-07 8:05:25 PM  

meat0918: DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?

Replace "Atlantic City" with "Detroit", but keep all the actors the same, and see if it still doesn't sound racist.


i.ytimg.comView Full Size
 
2014-01-07 8:05:30 PM  

inglixthemad: Strangest thing. They never did catch the person.


It's probably someone you know that's very clever. The biggest risk of a clever person getting caught out is enjoying their own cleverness just a little too much. ;)
 
2014-01-07 8:06:20 PM  
"We contend Lennar omitted material information so that Ms. Phoenix would purchase the home," said Datto. "Omission of a material fact is an element of fraud. You can commit fraud under most jurisdictions by omitting material information."


Unfortunately, the 'fact' that your neighbor is a raging asshole is not one of the 'material facts' that the law is talking about. Those 'material facts' deal specifically with the physical condition of the property and the dwelling. Anything said about a neighbor would be considered hearsay/rumor AND could be actionable, at the very least, as slander. This is something that her lawyer should have pointed out to her.
 
2014-01-07 8:10:15 PM  
I'm not sure what the realtor--or even the development company--was supposed to say. "Oh by the way, the guy across the street is a huge dick," isn't exactly the same thing as "Oh by the way the pipes leak," when it comes to disclosure; and even "He's a racist dick" could just as easily be seen as discriminatory if you wanted it to. (So you're saying I should stay in Atlantic City with my 'own kind'?)

And as to being a "thorn in the side" of the developers, that may not translate into being a problem neighbor. If he's one of those jerks who's always suing to get his house painted a slightly different shade of white or because the setback of the house across the street is 1.5" too close to the street, again, that's not the kind of thing you tell a prospective buyer because it's not the kind of thing a buyer is going to care about.

I'm not really sure that disclosure laws require the realtor to disclose EVERYTHING that might POSSIBLY affect your decision to buy because how much does the realtor have to know? "OK, so before you decide, the guy across the street is a jerk, the lady to the left has three cats, the man to your right has two sons who ride skateboards; there's a biker who sometimes rides down the street on a big Harley with no mufflers, you can hear road work from the freeway on still nights, once in a while you'll hear noise from the high school football games. The man with the sons hates the lady with the cats, you'll be right in the middle of that, and the old couple catty-corner to you will bring you casseroles every holiday even if you don't like casserole." Is that enough? Did they leave anything out, or when you discover the family two houses down has a pit bull, are you going to sue over that too?
 
2014-01-07 8:10:49 PM  

DigitalCoffee: Anything said about a neighbor would be considered hearsay/rumor AND could be actionable, at the very least, as slander. This is something that her lawyer should have pointed out to her.


What if the neighbor was a registered sex offender?
 
2014-01-07 8:11:16 PM  

inglixthemad: . They never did cath the person.


Look for the dude with wet pants.
 
2014-01-07 8:16:14 PM  

DrPainMD: meat0918: DrPainMD: Felgraf: DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?

Can be. Same reason "Go back to africa, where you belong!" can be a racist comment.

But you probably don't think that's racist, 'cause it doesn't have the word n*****.

Go back to the Hamptons where you belong.

/there.
//I said it.

More anti-Semitic really.

OK... how about Greenwich, CT? Is that WASPy enough?


Stop right there. The minute you mention Southport, I'm calling the ACLU.
 
2014-01-07 8:20:53 PM  

Felgraf: DrPainMD: 'Go back to Atlantic City where you belong,' is now a racists comment?

Can be. Same reason "Go back to africa, where you belong!" can be a racist comment.

But you probably don't think that's racist, 'cause it doesn't have the word n*****.


Can't place the accent but your smug is loud and clear.
 
2014-01-07 8:22:14 PM  
 
2014-01-07 8:24:44 PM  

moike: DigitalCoffee: Anything said about a neighbor would be considered hearsay/rumor AND could be actionable, at the very least, as slander. This is something that her lawyer should have pointed out to her.

What if the neighbor was a registered sex offender?


The best way to deal with that one is to point the prospective buyer in the direction of the local police and the Sex Offender Registry with a strong hint that they should look into those more closely. Then again, that's part of the Due Diligence that a buyer should be doing on their own.
 
2014-01-07 8:33:07 PM  
"Go back to Atlantic City where you belong!"


themothchase.files.wordpress.comView Full Size


"Say what, motherfarker?"
 
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