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PlotinusLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 738
Experience:  14 years of practice in all aspects of family law.
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I put a $2500 deposit on a condo in Florida, the contract

Customer Question

I put a $2500 deposit on a condo in Florida, the contract had a time is of the essense clause, when they could not close by the deadline, I opted out of the deal. They told a couple days later they were going to keep the deposit. I want to sue them but do not know which court to sue them in and where. I live in Colo, the condo is Florida and Chase Home Loans main Office is Cleveland Ohio. thank you GENE
Submitted: 7 years ago.
Category: Family Law
Expert:  PlotinusLaw replied 7 years ago.
Hello and thank you for your question. I want to make sure I understand your question correctly so I can give you the best possible answer. I am going to need to know who it is you wish to sue? Is it the condominium developer or chase home loans?

Customer: replied 7 years ago.
Chase Home loans, third person was real estate company
Expert:  PlotinusLaw replied 7 years ago.
Hello and thank you for your question. I think that this is going to be one of those back and forth answers because the issue you are asking about has to do with jurisdiction. Also, all I can do is explain to you the issues that you are likely to encounter, I cannot look into a crystal ball and predict what a court is going to do. First of all, there are two different kinds of jurisdiction, personal and subject matter. For the purposes of your question, personal jurisdiction is the only one that applies here. Basically, this means that either the defendant is present physically within the state in which you are skiing him, or, he owns property in the state in which skiing him, or, he maintains "reasonable contacts" is the state in which you are skiing him. "Reasonable contacts" generally means that he conducts enough business in that state to subject himself to the jurisdiction of that state's trial courts. Chase home loans is a national Corp., they will most likely have a representative within the state of Colorado which will grant you the ability to sue in Colorado because they will have met the "reasonable contact " standard to provide Colorado courts with jurisdiction over chase home loans. The same is true of the condominium developer, if they are a national company, they will most likely have a representative with the state of Colorado. The best way to check this is by logging onto your states consumer and industry services website to check for corporation filings.

The caveat to all this is that the defendant, regardless if your home state has jurisdiction, may always file a motion for a change of venue, effectively moving the case to a location more convenient for them that much less convenient for you. The obvious strategy here is to make the case too expensive for you to continue litigating. This is an issue that will be decided by the trial court judge assigned to your case.

One advantage to filing in Colorado is going to be that with such a small sum of money at stake, it will probably cost the defendant more money to defend the case than it will to just simply give you your money back.

I know that you are going to have follow-up questions. Please feel free to ask me if there are any issues which I haven't covered.
Expert:  PlotinusLaw replied 7 years ago.
I'm sorry, but in my last post by spellcheck replaced the word "suiing" with "skiing"
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Customer: replied 7 years ago.
Are" time is of the essense "clauses strictly enforced??
Expert:  PlotinusLaw replied 7 years ago.
It depends on what the terms of the clause are. If there is a deadline associated with it of either a period of days, or a specific date, then yes that will be strictly enforced. If the clause is vague and ambiguous as to what "time is of the essence" means, it's going to be up to the trial court and any additional evidence of other communication with the mortgage company as well as the real estate company.
Expert:  PlotinusLaw replied 7 years ago.
was there anything else you needed help with?