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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35304
Experience:  16 years real estate, Realtor. Landlord 26 years
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I live in Idaho and sold a rental house that I had in Calif.

Customer Question

I live in Idaho and sold a rental house that I had in Calif. I did sign a contract that I would pay for $750 in repairs. My agent emailed me and said repairs were complete. I just happened to be in Calif and checked and none of the repairs were done and I sent my agent pictures. On closing day I emailed 2 at the title co and my agent asking about repairs that were not on net sheet that I maybe responsible for and were not completed and received no response. Repairs were not done by day of closing. The day after closing I spoke to my agent and he said " we did not have this conversation".
A month after closing, my agent emails me and says other agent's contactor wants to be paid for work completed that did not come out of escrow. Part of the work was a bath fan to be vented thru roof. Friend drove by and there is no roof jack installed. Today, my agent leaves a voice mail that contractor did not do work because money did not come out of escrow and new owner wants to sue me in small claims court and wants addition money for personal effects left by my tenant she had to remove. Something is fishy....checked permits online and no permits have been pulled for anything in the house. Part of it also is structural framing of roof trusses. Framing and roof trusses require permit and inspection in Sacramento.
Can I be sued in small claims from Calif if I live in Idaho?
Can I be sued in Idaho small claims for stuff that happened in Calif?
My agent has told me in the past that repairs don't have to be made. It is just something that I agreed to....
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can I be sued in small claims from Calif if I live in Idaho?
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No, they would have to sue you in Idaho where they can get personal jurisdiction over you. They have to be able to have you personally served with the lawsuit in order to compel you to come to court and defend.

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Can I be sued in Idaho small claims for stuff that happened in Calif?
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Yes, Idaho courts would just apply CA law regarding the situation.

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As for the repairs, if they weren't in the written contract, then you don't have to do them, even if you agreed verbally to do so. The written sales contract controls the transaction..

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So if you signed something in writing stating you would pay $750 for repairs, they could sue you for that amount whether the repairs were done or not. It would then be up to them to have the repairs done after getting the money or not.

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thanks

Barrister