Some one is spreading rumors about water damage in our condo

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We have been trying to sell our condo since March. We are priced very competitive compared to other units within our complex. Recently we had some one interested that came back for a second showing. He was asking all the right questions and so forth that indicated real interest in purchasing.

Then our realtor came back and said, his realtor told him that some one told her, we had prior water damage. Completely untrue " we never had any water damage. There have been two other units that have had water damage " we know first hand as the owners told us about them.

We are trying to find out about who is spreading this rumor. Our realtor is concerned he could damage his relationship with this other realtor if he asks so he is looking to see how he can word this without damaging his relationship. We asked if she will not give this info, that he gives us her name. Do we have any legal recourse? What would you suggest we do under the circumstances? I am worried this could have happened with other potential buyers.

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@Linkat,

Do you have a condo assocation and a board of directors and a condo manager or managing company? If so, tell them what is happening. They can communicate with the condo owners to set them straight. It's in their interest to prevent false rumors.

BBB

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@Linkat,

Oy that's nasty, Linkat, but I think you'll have a hard time finding the culprit.

Rather than spending time in finding out who did this, I would get a signed statement from the HOA stating the fact that you never had any damages to your unit either water or any other structural damages. Make copies and leave them out for realtors to take and potential buyers to see. This way they have proof from the HOA and you can rest assured that potential buyers are aware of possible rumors.

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@CalamityJane,

CalamityJane wrote:

Oy that's nasty, Linkat, but I think you'll have a hard time finding the culprit.

Rather than spending time in finding out who did this, I would get a signed statement from the HOA stating the fact that you never had any damages to your unit either water or any other structural damages. Make copies and leave them out for realtors to take and potential buyers to see. This way they have proof from the HOA and you can rest assured that potential buyers are aware of possible rumors.

very wise.

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I can't imagine that a condo association board would issue a statement that a particular unit never had any water damage. I'm a member of a condo association board, and I'd never recommend doing anything like that. For one thing, the condo association isn't responsible for monitoring water damage or any other kind of damage inside the individual units, so it has no certain knowledge regarding the damage in any one unit. Secondly, by issuing what amounts to a warranty, the association board would be subject to a possible lawsuit if it turned out that its representation was incorrect.

If you find that someone has been lying about water damage in your unit, you can sue for intentional interference in contractual relations. I wouldn't recommend that either, but at least it's something.

If you are in a state which has mandatory disclosure laws, then your own representation that there has been no water damage should be sufficient. Apart from that, if potential buyers are scared off by rumors, there's not much you can do except reassure them that there's nothing to worry about.

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@BumbleBeeBoogie,

Yeah - we do - that is actually where we told the realtor to check with for proof we have had no water damage.

Good thought - I'll reach out to them.

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@CalamityJane,

Another excellent idea.

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@joefromchicago,

What about this particular realtor - the one who told her potential buyer that she heard we had water damage to the unit? Should we follow up with her (if we get her name from our realtor). I'm ready to threaten I will tell her manager/corporate office if she doesn't relay who in our complex started this rumor.

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@joefromchicago,

Joe, it depends on the governing CC&R's in MA and Linkat's complex.
When we lived in NYC in a high rise co-op, everyone was instructed to use an association referred plumber for any repairs/work done on the plumbing and/or pipes for fear of inferior work, so in essence, the association knew of
every leak and plumbing problem in the house. Who was to pay for the damage was another issue of course....

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@CalamityJane,

We actually have little restrictions - probably why we have a problem with upstairs neighbors - I find it highly unlikely that they require us to use a specific plumber.

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@Linkat,

Linkat wrote:

What about this particular realtor - the one who told her potential buyer that she heard we had water damage to the unit? Should we follow up with her (if we get her name from our realtor). I'm ready to threaten I will tell her manager/corporate office if she doesn't relay who in our complex started this rumor.

What sort of threat? That you'll find another real estate agent? That's about the best you can do. I don't see any basis for suing the agent. Like I said, you could have a cause of action against the person who started the rumor, but that would be an enormous hassle for a very tiny payoff.

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@CalamityJane,

CalamityJane wrote:

Joe, it depends on the governing CC&R's in MA and Linkat's complex.
When we lived in NYC in a high rise co-op, everyone was instructed to use an association referred plumber for any repairs/work done on the plumbing and/or pipes for fear of inferior work, so in essence, the association knew of
every leak and plumbing problem in the house. Who was to pay for the damage was another issue of course....

That's possible, but unlikely. If a condo board tells everyone to use a certain plumber, then that's probably the extent of the board's involvement. It's not as if the board would be getting reports from the plumber on every project that he works on. Trust me, nobody on the board gives a damn that you had someone come in and snake your toilet.

The board is only concerned with common elements. Plumbing is a semi-common element, in that it is sometimes treated as common and sometimes not, depending on where the problem is located. A problem that is purely internal to a particular unit would not concern the condo board, even if the unit owner hires the board-approved plumber.

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@joefromchicago,

No this is not our agent - this is the agent representing the individual interested in buying our place.

She is lying about our unit - isn't there any recourse for an agent lying about something that causes the buyer not to buy? Some one above mentioned suing - I would image the real estate company would prefer not to be sued.

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And as far as the individual responsible for spreading these rumors - I am only interested in setting them straight - as I wrote earlier, there have been a couple of units that had water damage. Ours did not - simply to let them know we would prefer they not say this any more.

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And if they are just being mean - to beat the crap out of them.

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@Linkat,

Take the King Herod approach...kill the first born of everyone living there....that'll stop 'em.

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@joefromchicago,

The condo board has broader interests than just the common areas. They are also have fiduciary obligations.

If condos are not being sold and end up having to be rented out, increased numbers of rental units reduces the value of the other condo units. Many, if not most, condo CC&Rs (governing documents) restrict the number of rental units to prevent such devaluation.

BBB

1 Reply

@Bi-Polar Bear,

That ought'a do it! Laughing

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@Linkat,

Linkat wrote:

We have been trying to sell our condo since March. We are priced very competitive compared to other units within our complex. Recently we had some one interested that came back for a second showing. He was asking all the right questions and so forth that indicated real interest in purchasing.

Then our realtor came back and said, his realtor told him that some one told her, we had prior water damage. Completely untrue " we never had any water damage. There have been two other units that have had water damage " we know first hand as the owners told us about them.

We are trying to find out about who is spreading this rumor. Our realtor is concerned he could damage his relationship with this other realtor if he asks so he is looking to see how he can word this without damaging his relationship. We asked if she will not give this info, that he gives us her name. Do we have any legal recourse? What would you suggest we do under the circumstances? I am worried this could have happened with other potential buyers.

Too much "hear say" to really know what's going on.

1 Reply

@Linkat,

Linkat wrote:

No this is not our agent - this is the agent representing the individual interested in buying our place.

She is lying about our unit - isn't there any recourse for an agent lying about something that causes the buyer not to buy? Some one above mentioned suing - I would image the real estate company would prefer not to be sued.

Suing the agent would be tricky. I suppose the agent could be sued for interference in prospective contractual relations, but you'd have to show that the agent was acting outside the scope of his/her agency and that the interference was malicious. Pretty tough hurdles to overcome.

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Some one is spreading rumors about water damage in our condo

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