From AOL Real estate:
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 understand the public nuisance warnings, but “anti-horse?” He lives in horse country! The sign can clearly be seen from Terranova’s neighbor’s master bedroom window and several other vantages that are bound to catch prospective buyers’ attention. The Realtor attempting to sell the home, Renee Lalonde, is at her wit’s end.
“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.”
Because Terranova’s antics may be causing real damage to the homeseller’s chances of unloading the property, the sellers may be entitled to not only monetary compensation, but also an injunction against their boorish neighbor’s signage. In effect, the sellers could seek a “mandatory injunction” to force Terranova to remove the warning, and a “prohibitory injunction” to prevent him from putting up a new one.
If Terranova were to be shown to have sabotaged a closing on the property, Benjamin notes, the sellers could sue for interference with contract. If, for instance, the home would have closed for $400,000 without Terranova’s alarming signage, but later sells for just $300,000, the sellers could seek the $100,000 difference. And in today’s anemic housing market, there’s a very good chance of lost home value.
Finally, a jury could add punitive damages to the mix. In Colorado, Benjamin says, these damages can equal the amount of actual damages done — essentially doubling the judgment against Terranova. And from the looks of this video, he hasn’t done much to endear himself to his community members.
They have since cancelled the listing:
http://www.redfin.com/CO/Brighton/16270-Great-Rock-Way-80603/home/34803985
Strange the homeowner hasn’t set the lawyers on him.
That seller must hate the First Amendment more than John McCain does.
If they were in SoCal, there would be multiple lawsuits filed the first week.
And I am surprised that the offending vehicle has not yet accidentally caught fire and burned to the ground.
Being originally from Denver. I know when people from small towns have a sign that says “Warning Rottweiler” take it seriously because they might have a bear tied up in their backyard whos name is Rotteiler.
A better plan may be to buy it at a deep discount, then, send the cops after the neighbors, plus a lawyer or two. Then flip it once they have been dealt with.
Of course, if the sign is merely a scare tactic and there are no loud parties, cars or music, then you are free and clear.
This story is almost a year old:
http://www.thedenverchannel.com/news/29250611/detail.html
AOL conveniently leaves out this part:
“Adams County Code Enforcement officers inspected his property, and officials told 7NEWS he’s being ticketed for an illegal sign, graffiti and having too many vehicles and trailers on his property.
If the issues are not corrected, he could face a fine of up to $100 per violation per day, said an Adams County spokeswoman.”
Reminds me of that story a while back where a landlord tried to paint “DEADBEAT” on the garage door of a non-paying renter.
OTOH, if he does have 3 Rottweillers, then his message should be considered a public service. Had someone with same move next door to me and it was absolute hell. Couldn’t watch a movie all the way through without a doggy choir of loud barking interrupting it, not to mention the dogs hitting the fence looking to attack me every time I went through my gate.
Finally got together with the other neighbors and got the guy to leave. Talked to his girlfriend when they were packing up and she couldn’t understand why anyone would be bothered by loud barking at all times of the day or night.