“I have listed a property for sale in a small community in the southern cariboo of British Columbia. I currently rent this house out and it has been listed on the MLS for approximately 1 month. The neighbors across the street who are personally known to both myself and my husband and who were, at one time, friends have put me in a position, that I am considering a slander/malice lawsuit. I personally have not spoke with these two individuals for over one year.
A potential buyer was doing a walk about around the property when they were approached by the said neighbors and told “not to buy this house, the roof leaks and the walls leak”. I am not sure if any other derogatory or malicious statements were made. These potential buyers then informed my realtor of this situation. I have also been notified that they put an offer on another house. I am now out of a potential sale and my realtor is now out of potential commission.
My realtor is finding out more information as to what possibly can be done as I don’t believe this is going to be a one-off instance.
I have suggested to my husband that if my realtor could get a signed statement of exactly what was said, the date and time and a description of the parties stating these malicious words, I may have a case. That is my question – do I have any rights to protect my reputation and as well the potential loss of the sale of this house? Your opinion is greatly appreciated and respected.”
If your neighbors are lying, then yes, you have a potential cause of action against them. You are correct that it is often difficult to prove such a case, but if you can get evidence from the people who heard the statement then you might want to look into it.