Real Estate Agent blames me (neighbor) for sale of TH not going through

[nowwhat53]

What is the name of your state (only U.S. law)? VA

I needed access to neighbors back yard to stop water damage to my Townhouse. Owner does not live there anymore. Real Estate Agent came to house w/potential buyer. I asked RealEstate agent to have access to backyard since owner does not respond to my requests, he referred me to potenial new owner. Potential owner asked why, and I told him about the water damage to my house and damage to my front walkway the tree on his (potentially) property is causing. Roots of tree caused $5000 damage to sidewalk w/ heating element beneath. Roots of tree may also cause potential sink hole that could also affect my property. Asked if they will remove tree after move in and he said they will sign papers and move in this weekend. After leaving buyer got concerned about roots/sinkhole and deal fell thru. Now I found out that the person that told me for 3 years she was the owner, actually only works for the owner, who is the Real Estate Agent. Now the real owner/Real Estate Agent agent is threatening me with a law suit for causing her sale to fall thru. Her husband is an attorney. I did nothing illegal, only wanted to stop damage to my home caused by her property.
Any advise???

 

[justalayman]

finding an owner of a property is not that difficult generally. The names are listed in the tax office and most people are capable of doing enough of a title search to discover the likely current owner.


Given that, what did you do to attempt to contact the owner and inform them of your problems? Mail is cheap.

then, why did you want to access the neighboring property? Even if you could enter the property, you had no right to do anything to the property.


as to the lost sale: if you had given the owner notice in some way, I believe the seller would have been in more trouble for failing to disclose the problems to a prospective buyer.

If the statements were honest and not intended to cause a loss of sale, I do not see the claim as valid.

I asked RealEstate agent to have access to backyard since owner does not respond to my requests, he referred me to potenial new owner.

that is the party the owner should be upset with (the agent). No way should you have been referred to any prospective owner as they were not the owners until they signed the papers and had no authority to do anything until that time.

 

[nowwhat53]

Real Estate Agent Blames me.....

finding an owner of a property is not that difficult generally. The names are listed in the tax office and most people are capable of doing enough of a title search to discover the likely current owner.

You are absolutely right, I can only plead ignorance in this matter. Spoke with another neighbor today and she told me the website I could have gone to verify the info. I was gullible enough to take someone by their word becasue WHY LIE? So that would answer your question about the mail. I thought I WAS addressing the owner.

then, why did you want to access the neighboring property? Even if you could enter the property, you had no right to do anything to the property.

Our Townhouse is somewhat offset and part of my house extends to her patio. The part of her patio does not seal against my house, thereby letting water trickle down the wall. The extended part has to be sealed and to do this I have to access her back yard.

My statement is hones since there is no sense in seeking advice from a lie.

My intent was purely to fix my problem, not to point out defficiencies and foil the sale. As I said, I don't think I did anything illegal, but it is always good to get another oppinion/point of view, and possibly legal advice, which I would really appreciate.

 

[justalayman]

all you can do is defend yourself should they take legal action. If you were truthful in your explanation I wouldn't worry too much about this until/unless you get a summons.

 

[nowwhat53]

Real Estate Agent blames me....

Just got finished writing everything on memo, names, phone numbers, time************** threats, etc.. things said are often forgotten over time, so this will be a good refresher should I need it.

Thank you for your assistance, it is very much appreciated.