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legalgems
legalgems, Lawyer
Category: Legal
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Its a real estate tortose interverence letter i received

Customer Question

its a real estate tortose interverence letter i received from an attorney regarding my owners above me
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: florida
JA: Has anything been filed or reported?
Customer: no its regarding their floors
JA: Anything else you want the lawyer to know before I connect you?
Customer: iam an owner who has been tortured by there renters and they flooded my unit few years back and replaced with laminate flooring with no sound barrier and its torture
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 5 months ago.

What is your legal question please?

Customer: replied 5 months ago.
iam an owner in a condo, the owner above lives in canada, during past years the renters have be horrible. noise fighting domestic etc. about three years ago my condo was flooded by their renter. the oowner never paid for repairs. the last renters were horrible also, they moved their family members in and out the noise was unbearable. after they flooded my condo the floors were changed to laminate. i was tortured on a daily basis from theri renters walking the baby bouncing off my ceiling them always being drunk etc. the police have been here many times. i twice advised their property managemtn of the sitauions both times since the owners are in canada. basically iam the bad guy and i was repeatly threatned by property managemnt. i had no chouice i went to my hoa whos pathetic and they wrote two certified letters for noice and the floors. i sent cease and desist letters to renters and proprty managemet. the hoa docs clearly state a sound barrier minium of 48 and tile marble and wood and like in foyers kitchen bathroom. the floors are unbearable. the owner put condo up for sale now cause didnt want to deal with floors or me. every time they show place i go tell agent and people floors need to be changed out. i went up before xmas and the agent was there and i said can i talk to u he said come in and meet buyer, i was real nice i said floors not in complaince and must be removed ive been tortured for years and i dont want to battle u but i will. anyway she pulled out of contract and now i got letter for tortous interverence with contract cease and deisit leter. i cannot live with therse floors iam the victim here please advise the attorney wants a answer today
Expert:  legalgems replied 5 months ago.

I am sorry to hear this;

the realtor has a duty to disclose any known defects in the property-such as insufficent flooring that does not comply with code/ordinances.

Unfortunately a homeowner/neighbor does not. Here are the elements of a tortious interference:

(1) Valid contract between plaintiff and 3rd party

(2) defendant knew of contract

(3) defendant took action to cause a breach

(4) defendant did not have a legal justification

(5) plaintiff suffered damages.

The possible defenses are as follows: Defendant was unaware of the contract; defendant did not have the requisite intent; the contract would have been breached despite the interference; there was not a valid contract; defendant had legal justification; there was no breach.

So if the defendant can show that the contract would not have gone to fruition (ie the floors were not up to code and this was not disclosed) then that is a defense.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

Damages are actual damages suffered- so for example, the difference in the original contract price, and the difference in any subsequent contract price; so even if the elements are met, one must prove Damages.

Customer: replied 5 months ago.
the owners and agent did not tell anyonwe that condo was flooded either. the attorney said as per my hoa docs they are in complainace. i have the defition of laminate and there is no way it means a sound barrier of 48. my hoa docs say wood and like. the hoa attorney said they must prove the sound barrier. if i say nothing i will fighting the new owners and iam over this ive been thru hell. the renters lied last time moved their family in and lied said they dont live there only lesee. should i respond to attorny? if so asy what. reference hoa docs? and what sections with defition of laminate ?
Expert:  legalgems replied 5 months ago.

It would depend on what the letter says; if they are asking for monetary damages, one would need proof of monetary damages. If it is a cease and desist letter (to stop further action) then if one does not comply it is possible that they will file a lawsuit. So it really depends.

The fact that the floor is not in compliance is between the buyer/seller/agent/HOA; not neighbors. The proper action would be to bring a nuisance claim against the owner, requesting an injunction for them to comply with any ordinances/regulations.

Customer: replied 5 months ago.
this affects me directly the hoa is pathetic i had to basically beg to write a letter for me the lady here is dumb. the board is a joke. no one cares but me, u have no idea of the hell. should i send letter with hoa docs enclosed and referenece numberred sections along with a nuisance claim for floors. also that they did not disclose the property as water damaged and floors. they are trying to say laminate is ok. there is zero sound barrier. they must meet the burden of proof . please advise.
Customer: replied 5 months ago.
the agent left a card on my door i decided to iron it out i called her i told her floors need to go, she was very dumb asking to put carpet i said no must comply. she said stop talking to buyer s and dont trespass. which i did not the agent invited me in to speak to buyer i say iam not going to talk about this. then i got a letter. iam the vitime i dont care if they sell it or not.
Expert:  legalgems replied 5 months ago.

There are 2 parties to the contract - the buyer and seller; only authorized people (ie real estate agents, HOA reps, and attorneys) can partake in the negotiations. If a third party does interfere, that gives rise to a tortious interference claim. If one has a claim for nuisance, that is a separate legal action and one would file against the owner in the civil court in the county where the property is located.

Expert:  legalgems replied 5 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

Customer: replied 5 months ago.
I have not answered the attorney. if I do nothing and let this unit b sold I will go thru the same.mess fighting to get floors redone and knock on door and call cops if needed. I refuse to b tortured anymore from this owner or renters or property management. the girl at my HOA is pathetic she had no clue on anything when I went to her. the board is pathetic to say the least I cannot trust any of them. basically from his docs it says tike marble and wood and like... vinyl and.laminate is not like. the sound barrier must b at least 48. so lastly the HOA lady asked her boss and said they must prove 48. anyway I guess I'll type up a letter demanding floors b redone not up to code and say I'll sue for my water damage and nuisance since 2011 from when they bought here. and to reference the two so called letters HOA sent them for noise from tenants and flooring and to review sheriff calls here at their address. aldo about misrepresentation and duty to disclose from owners and agent about flood and floors not up to code. also the defense u gave me for the tortious claim. I will speak with each reL estate that comes and tell them about floors and flood. if I had a strong his and office I wouldn't b in this position it's always oh can't do anything. I'm also gnna ask for proof of sound barrier of at least 48 and receipt for flooring. I have not filed anything. I'm not answer in any letters or service processors. I'm so over thus
Customer: replied 5 months ago.
just recently the HOA shut off our clicker key fobs to gate and all areas such as pool. anyone that had an overdue water bill they cut it off. our seawall is falling in and this has been for years gonna cost a lot so they figure now they find money here. I read the floor statue if it over due more than 90 days and it says can stop me from my parking or home but it is. I now have to stop at gate and beep and.let security guards raise bar. is this legal??. the water bill was transferred from one company to another and both his lady's haven't fixed mine just now cut clicker off
Customer: replied 5 months ago.
I just went upstairs and the agent said meeting with buyer for inspection or just inspection I advised again need to b changed and unit flooded. I guess they have a new buyer so I'm not answering that attorney at all
Expert:  legalgems replied 5 months ago.

Would you mind rating this question (hopefully you feel I have earned a 5 star rating) and open a new question about HOA issues? As an individual contributor I am limited to addressing one topic per question. Thank you

Expert:  legalgems replied 5 months ago.

I will be out of the office for the next several days on a personal leave; if you have any questions on the above please post here today and I will respond; otherwise I will respond as soon as I return.

It has been a pleasure to assist. If the information has been useful kindly rate positive so the site may credit my account for my time spent assisting you. Thank you.