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Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer.

1) venue question/ 2) who do i sue/ 3) staute of limitation

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Old 05-29-2007, 09:27 AM     #1
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Confused 1) venue question/ 2) who do i sue/ 3) staute of limitation

1) I live in Florida. Last year my boyfriend and I entered into a contract to purchase a home. I was living in Orange County but the house that was being sold was located in Polk County. The seller of the property lives and has lived in Orange County. What county would I have to file my claim in?

2) My next question is with regards to who I am suppose to sue. I would be suing fo the release of my $5,000 deposit. The reason there is a dispute is because there was a clause in the contract that stated that the deposit would be returned if the house did not appraise or we could not get financing. Well, we were not able to secure financing and the banks said there was not enough collateral in the property. Needless to say, he did not want to lower the selling price of the home. He ended up selling 7 months later for $234,900, which was $50,000 less than what he attempted to sell to us. There is a title company that is holding the deposit money. The seller and his wife were the ones on the contract.

3) Since this took place last year in May (that's when the original contract was signed) do I still have time or has my time run out?

Thanks in advance for the answers!!!
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Old 05-30-2007, 10:02 AM     #2
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Default Re: 1) venue question/ 2) who do i sue/ 3) staute of limitation

You can sue where the defendant resides or where you transacted the agreement. You still have time. Sue whomever is holding the money and/or the one that has the power to release it under your agreements.
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