Legal Question in Personal Injury in California

Neighbor said I threatened to kill him and harm his family if he bought our house. I did NOT do that. When he showed up unexpectedly on the front porch and was asked to leave he refused. I asked several times. I was extremely exhasperated at being lied to by the real estate agent. He said, \"what am I doing?\" I said, \"you are trespassing.\" \"I have a gun and if you don\'t leave I will shoot you for trespassing.\" I used profanity. He told several neighbors and the court, in a declaration, that he was backing out of the deal because I threatened him and that his family was in fear of me killing them. The fact is that he wanted his $10,000 deposit back to buy a different house for sale $11K LESS than ours. When a Buyer is \'in contract\' he is not entitled to a refund so I feel he made up this lie just to get his money back. Is this libel per se?


Asked on 7/29/09, 4:51 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The lies to the court would be protected, and would not be actionable. Statements to the neighbors about you might be defamatory if not true, and could be actionable if they harmed you in esteem and/or reputation.

Usually, purchase agreements contain contingencies which must be satisfied before the purchase goes through. If he had met those contingencies (e.g. financing), then the sale must proceed. The $10,000 deposit might consist of liquidated damages. Check the purchase agreement to see if you both initialed a mediation or arbitration clause. They might be mandatory -- and also might defuse the situation. Good luck.

Read more
Answered on 7/29/09, 4:58 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California