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JGM, Solicitor
Category: Law
Satisfied Customers: 12186
Experience:  30 years as a practising solicitor.
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Hello, We are currently at the final stages of selling a property.

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Hello, We are currently at the final stages of selling a property. The client moves in at the start of June. The misifs have yet to be signed but all is well and the client is eager to move in after selling his property in May. However there has been a dispute between us (the builder/seller) and the the neighboring land owner (a farmer) and he has put a large metal container with a message falsely accusing us, of diverting sewage on to his land from the new house. This is completely false and the sewage has been treated in a nearby biodisk which has been installed to in accordance to SEPA's recommendation. In short the client is becoming put off the sale and is considering calling it off. The neighbor has expressed ill manners toward the site and generally has caused a bad atmosphere which is hindering our sales. The client's family are nice friendly people and look forward to meeting the community but this to them is quite threatening. This is an 100% lie and it is causing us to lose business. Is this slander of some kind?
Thank you for your question.

It is known as defamation under the law of Scotland. An untrue statement has been made about you which is adversely affecting your reputation and as a result of which you are likely to suffer actual financial loss.

Your remedy so to instruct your lawyer to go to court with an action for defamation, damages and, importantly, to seek a court order to get the message removed and to stop any repetition of it.

You should also seek damages from the farmer.

Before doing any of this your lawyer should write a seven day "cease and desist" letter giving the farmer one opportunity only to remove the offending notice and to cease making untrue allegation.

Happy to discuss further.

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