We have a home for sale in KY and have moved away. The neighbor has placed a sign in his window with his phone number that says, "BUYER BEWARE". He feels it his ethical duty to inform any prospective buyers about a registered sex offender which lives down the street. Our realtor has said this sign has deterred some interested people. They are assuming something is wrong with the house. I don't know what the neighbor says if someone calls his number, but the sign is not helping to sell our house. I tried talking to him, but he hung up on me!

The realtor had to remove the information sheets attached to the For Sale sign in our front yard because the neighbor took out the sheets and ran them through his computer. On the back he printed the information about the Registered Sex Offender and warned buyers about his presence in the neighborhood, then he put the flyers back in the box. This offender keeps to himself and has never caused any problems in the area. He said he was accused when he was very young (he's in his 50's now) and it was not valid.

Is there anything we can do about this Buyer Beware sign?

For starters, you can file a police report about the criminal mischief your neighbor committed (he took your flyers, for a purpose not intended, defaced them, and returned them - you could even argue that this was with intent to defraud potential buyers who might think YOU put the printing there). You can also seek a restraining order to make sure he knows he's not to step foot on your property. This won't be easy if you've moved away (you'll need to file the police report in that jurisdiction), but perhaps the realtor would be willing to assist.

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http://www.aardvarc.org

Hello,

In addition to aardvarks suggestions, criminal trespass could be a reality. Did the neighbor put his name and/or contact info on the sheets? If so, this is fairly persuasive evidence that he is the culprit. This may depend, however, on the location of the sign, viz - by the sidewalk or the home - if it is by the walk, it should be moved well onto the property.

It is the neighbor's right to inform anyone of the sex offenders presence, but he has no right to break the law in doing so. It may be a form of Libel or third party interferance of contract as well if it is/was written, because he is standing between your and the realtor's agreement.

Unfortunately, at this point all you can do is try and deter his actions. For a suit, damages must be present, meaning you would have to get one of your prospective buyers to say that the neighbors actions, rather than the presence of the sex offender, effectively discouraged or nullified an intention to actually buy the home. Someone would have to say, "I could handle the sex offender, but not the nosey neighbor."

Lawford