Wondering how tough it is to prove diminished value before or after the sale of a home. We have a commercial operation going on next door that has paralyzed the free use of our home. We need to get out, but none of my efforts for relief have been effective, including the owner ignoring demand letters from an attorney (probably the wrong attorney).

We are not poor, but have a lot of life events going on including a child battling cancer so funds are not liquid and the stress of dealing with this for years is now overwhelming. Seems like the only option is to sell at a loss and use equity to try to recoup. How realistic is that? It seems hard to prove, especially considering I can't seem to get traction with the black and white issues at hand. Thanks

Is the next-door operation legal?

And that's another story, but doesn't change our situation because of the liquidity issue. Even though we have damages and I've had attorneys tell me its a good case, it's just not looked at like automobile personal injuries, so I've not found any attorney willing to do it on contendgency. But again, we're not poor, just in a spot, hence the sell first pay later option. Or find solid representation who is flexible. Thanks for your reply.

I always offer to help on any Florida real estate matter but this is not something I am sufficiently versed in to assist you with.

If you want to send me an email maybe I can get you referred to someone.
Thanks
Tim

I'm also happy to help you find the right person. Not my area of law, but I have a lot of contacts who work in real property.

Email is in profile.

SF to the rescue... nice of members to step up, just curious, would he need to sell to create the loss that he seeks to recover, otherwise it's just speculation on how much the damage is going to be?

Thanks so much for your replies, I never expected to have even one reply much less multiple offers to help. To those who have offered to receive an email with the possibility of connecting me to someone who can help, I'll put together a email that better explains the situation. I'd rather not go into detail on the forum as often that can turn negative. I will share the nutshell here:

Neighboring Commercial Property expanded its operational footprint and removed buffering, resulting organic discharge in the air that began migrating to our property in copious amounts preventing just about any outdoor activity. I contacted county and appropriate state oversight agency both with negative results. Put up home for sale Jan. 2022 with zero offers for 5 months due to neighboring activity (my opinion) Then in May of 2022 a fire at the operation causes damage to our home and curtilage. Operation continues as if nothing has happened and county and state still ignore us. Operation ignores demand letters from attorney. I'll admit that my attorney was outside the wheel house and I had no confidence going further than the demand letter. My 13 year old son's cancer diagnosis hit in 2023 so that has been the priority, but neighboring operations continue today.

As to not seem ungrateful of your efforts, I want to make it clear in advance, that I'm aware that I need an attorney, specifically a Land Use and or Administrative Law as there is a Special Exception Permit involved, as well as an active registration with FDEP as the oversight agency. I'm simply beat down from trying to find an attorney who can help us in our specific situation.

Im also considering filing my own suit in district court but very intimidated, as they have millions. I probably sound lazy, but that's not the case... just exhausted. Thank you all for even just letting me vent.

What part of FL are you in?

Your son's cancer may have been caused by chemical exposure.

Law firms specialize in that, and you may have a good case.

Have you called the federal EPA?

Even with DOGE, they have way more teeth and the state.

Have you asked them to buy your property?
Might be the fastest way out.

The Florida Department of Agriculture and the Florida Department of Health will test soils and wells for contamination.

If they contaminated your property, it could be very expensive for them. Clean up contaminated property can cost millions or billions.

Do not sign your rights away even if they buy the property.

I would get the land and water tested if you are on a well first, before making a decision.

The downside of that is once the test is done, if the land is contaminated, it may be impossible to sell.

You should hire several different lawyers to sort this all out.

quote:

Originally posted by sig2392:
What part of FL are you in?

Your son's cancer may have been caused by chemical exposure.

Law firms specialize in that, and you may have a good case.

Have you called the federal EPA?

Even with DOGE, they have way more teeth and the state.

Have you asked them to buy your property?
Might be the fastest way out.

The Florida Department of Agriculture and the Florida Department of Health will test soils and wells for contamination.

If they contaminated your property, it could be very expensive for them. Clean up contaminated property can cost millions or billions.

Do not sign your rights away even if they buy the property.

I would get the land and water tested if you are on a well first, before making a decision.

The downside of that is once the test is done, if the land is contaminated, it may be impossible to sell.

You should hire several different lawyers to sort this all out.

Thanks for the time you took to reply. You raise several options and I'd love to explore each and every one of them, but some of what you suggested ultimately requires the hiring of professionals that do expert testimony etc which costs a lot of money.

I will explore Federal EPA as that's just about the only stone I've not turned.

A buyout is great if you've you have the leverage, and that's where the attorney comes in. Otherwise you're asking the fox to buy the hen house. The more undesirable they make living here, the better deal they get on the property kind of thing.

I'd love to hire "several different lawyers to sort it all out" but that's not in the cards. In fact it's really just a civil case for physical damages, and a challenge to the zoning permit. That alone may get the traction we need. Thanks again, you're words were not wasted. :-)

I just wanted to say that I hope and pray that your son's cancer is one that he can beat. And I want to make sure that you are aware of St. Jude's Children Hospital. It's an amazing place that has helped thousands of children with cancer, including the daughter of a friend of mine. If they treat your child, it is at no cost for treatment, travel, housing or food. Best of luck to your son.

quote:

Originally posted by honestlou:
I just wanted to say that I hope and pray that your son's cancer is one that he can beat. And I want to make sure that you are aware of St. Jude's Children Hospital. It's an amazing place that has helped thousands of children with cancer, including the daughter of a friend of mine. If they treat your child, it is at no cost for treatment, travel, housing or food. Best of luck to your son.

Thanks for you kind words. We had a perfectly health boy until just before his 12th birthday and one day he comes home early from school with a bellyache. Later he feels a lump in his abdominal region and a CT scan later at the local ER they say pick a childrens hospital, he has a tumor. Was the size of a grapefruit. Was identified as neuroblastoma which is a very common children's cancer, but typically found much younger. He had clear scans after that for about 8 months, but then last summer some additional items popped up and chemotherapy and radiation was started immediately. We still have over a year left of his treatment plan but are hopeful and thankful for him everyday.

As a matter of fact, I had planned in introducing him to shooting around his twelfth birthday but that go hijacked by the tumor, but on Tuesday I took him to the range as he's between chemotherapy cycles, and he shot the 9mm, .40, .45 and a rented AR. It was a fantastic day for both of us. He's a great son.

We obviously are aware of St. Jude and the fantastic work they do. While they don't charge for treatment, we still have to work so living in Memphis isn't an option. We're very fortunate that we are both still able to work and take turns staying with him in the hospital.

Diminished Value of real estate is the pervue of a certified real estate appraiser. You would benefit from a seasoned and properly trained MAI. Www.appraisalinstitute.org use the "find an appraiser" function to filter for MAI Designated appraisers in your area.

Assuming you end up in court, if you show up with a brokers opinion, the other side will easily win if they hire the appropriate expert witness, an MAI appraiser.

I wish you well. A lot of people fail to realize that valuing real property is the function of a appraiser, and not all appraisers are the same. Brokers are for marketing property, not valuing it. Diminished value can be a complex valuation situation, not for amateurs.