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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100539
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a warranty dispute with a company where I bought a self

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I have a warranty dispute with a company where I bought a self powered brush hog for my property in Oklahoma. The machine is advertised as being " clears the densest undergrowth with ease, including most trees up to 3in. dia. Clear away brush, cut a trail through the woods or turn an overgrown field into a manicured landscape." - The item broke within two hours of use. I had to haul the thing 200 miles to a dealer near where I live in Texas, and after two weeks there, the company is now denying the warranty service. I only ran this over bushes and pastures. The company is located in Missouri. I want to sue them for the warranty repairs and am considering small claims court. Would I be able to file in Texas where I live, and does this sound like a logical course of action?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please clarify:

1) Where is the company - which state?
2) What state did you purchase the item in - Texas or Oklahoma?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

1) The company is located in Missouri


2) I live in Texas, but had the mower delivered in Oklahoma.

Thank you, Mark.

What we are talking about is called jurisdiction. Which state has jurisdiction to hear the case? Each has slight different laws, and sometimes jurisdictions overlap, giving the Plaintiff (i.e. you) options where to file.

MISSOURI
MO ST § 506.500
1. Any person or firm, whether or not a citizen or resident of this state,
or any corporation, who in person or through an agent does any of the acts
enumerated in this section, thereby submits such person, firm, or corporation, and,
if an individual, his personal representative, to the jurisdiction of the courts of this
state as to any cause of action arising from the doing of any of such acts:
(1) The transaction of any business within this state;
(2) The making of any contract within this state;
(3) The commission of a tortious act within this state;
(4) The ownership, use, or possession of any real estate situated
in this state;
(5) The contracting to insure any person, property or risk located
within this state at the time of contracting;
(6) Engaging in an act of sexual intercourse within this state with
the mother of a child on or near the probable period of conception of that
child

TEXAS
Tex. Civ. Prac. & Rem. Code § 17.042
In addition to other acts that may constitute doing business, a nonresident does business in this
state if the nonresident:
(1) contracts by mail or otherwise with a Texas resident and either
party is to perform the contract in whole or in part in this state;
(2) commits a tort in whole or in part in this state; or
(3) recruits Texas residents, directly or through an intermediary
located in this state, for employment inside or outside this state.

OKLAHOMA
Okl. Stat. tit. 12, § 2004
Very long, but essentially similar to the above.

In summary, you can bring suit in Missouri, OR, Oklahoma, OR Texas actually. Texas allows jurisdiction in the state if one enters into a contract with a resident of the state (i.e. you). So YES, this may be done.

I hope this helps and clarifies. Good luck.

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Ely and 11 other Legal Specialists are ready to help you
Friend,

Btw - notice that the matter is SUBJECTIVE. Texas states:

n addition to other acts that may constitute doing business, a nonresident does business in this
state if the nonresident:
(1) contracts by mail or otherwise with a Texas resident and either
party is to perform the contract in whole or in part in this state;
(2) commits a tort in whole or in part in this state; or
(3) recruits Texas residents, directly or through an intermediary
located in this state, for employment inside or outside this state.

So it is IN ONE'S BEST INTEREST to somehow tie the purchase to Texas as much as possible...
Customer: replied 3 years ago.
Many thanks
No problem. Just making sure you got my follow up, too:

Btw - notice that the matter is SUBJECTIVE. Texas states:

n addition to other acts that may constitute doing business, a nonresident does business in this
state if the nonresident:
(1) contracts by mail or otherwise with a Texas resident and either
party is to perform the contract in whole or in part in this state;
(2) commits a tort in whole or in part in this state; or
(3) recruits Texas residents, directly or through an intermediary
located in this state, for employment inside or outside this state.

So it is IN ONE'S BEST INTEREST to somehow tie the purchase to Texas as much as possible...