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Just wondering what can be said or done if the neighbour in a 2-lot scheme gives misleading information to a prospective buyer or creates unnecessary noise during an ‘open inspection’ that may lead to some prospects losing interest in the property. Pretty difficult problem after spending a bunch of money on advertising and marketing!
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This is a tough one – and even tougher to prove, I would imagine.
We recall your prvious posts and this is a long-standing feud (I think) over dumb waiters, lifts and electricat power boards.
I reckon you have two options; you could take action at the CTTT on the grounds of noise and behaviour on common property or you could go for an apprehended violence order at court.
I don’t know your chances of success with either so perhaps your best bet is to send a note saying: “Look, you hate me, I hate you, forget about revenge for all the things I haven’t let you do and let me sell this place so we need never see each other again.”
That isn’t only the cheapest option, it might actually work.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Well said, JT! Petard is unfortunate to have a nutter for a neighbour. Most people’s reaction on learning that an irrationally disliked (or deservedly unpopular) neigbour was planning to sell would be to place no obstacle in their way. As Cromwell said to the Long Parliament,”You have sat too long here for any good you have been doing. Depart, I say, and let us have done with you. In the name of God, go!”
On the other hand, if one finds a selling or letting agent blatantly misrepresenting the Owners’ position (e g acceptance of one well-credentialled dog on strict conditions being made out to be ‘open slather’; the shiny new floorboards ‘meet all the requirements of strata’ just because the timid deaf old lady downstairs hasn’t complained yet; sure, you can use your garage to store surplus furniture because the visitors’ area is there for you to park the second Range Rover). However, in such a case, it would be better to write to the agent(s) concerned, with copies to be kept on the Managing Agent’s file for inspection by a potential purchaser undertaking due diligence.
One thing you could consider, especially if the owner is giving misleading information to prospective buyers, is to get a lawyer to send a letter telling them to desist or you may take action against them if they interfere with or impede your selling campaign in any way. That usually scares them off, and is worth the small investment.
Very short-sighted really, the higher the price you get, the more their place is worth, plus they are getting rid of you!
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