Seems like you could: claims that spring to mind include slander,
libel (since it's printed), disparagement, and intentional
interference with business opportunity. Suggestions:
- call your local bar association and seek a consultation with a
business lawyer. First consultation should always be free.
- report it to Homeaway with documentation of his threat, the facts
(i.e., that you do have beach access), and a request that they remove
the remark immediately (and consider barring him for filing false
reviews).
- send a letter to him requesting him to post a retraction (no
later than _____, 2008) and pay you your damages (can you document
any lost business? perhaps compare your rate of inquiries for the
month leading up to his post with the month following it? likewise,
compare your Homeaway results with those on other sites (i.e., those
where his damaging remarks are not immediately accessible by customers))
- if he fails to correct his slander, sue him in small claims court
requesting an order requiring him to post a retraction, as well as an
award of damages (lost business).
Hope that helps. How unpleasant! (Mandatory legal disclaimers: I'm
trained as a lawyer but haven't done litigation for years; this
advice is worth exactly what you're paying for it :) ; and, in any
case, I'm not *your* lawyer.)
Good luck!
Lara
Noe Place Like Home
