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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I live in Nh and had looked at a piece of land in Vt and

Customer Question

I live in Nh and had looked at a piece of land in Vt and entered into a purchase & sales agreement. The owner is from MA. The owner offered to owner finance and we had agreed but not in writing. We had put 2,000 down and he stated he wanted an additional 4,000 as a down payment. After finding he was a shady business man and he didn't up hold his end of the agreement, we requested in writing to withdraw from the sale and have our 2,000 back. The realestate agent wouldn't respond. It has been 4 months now fighting for my money and still nothing. I then find that the owner was given my Social security number from the agent and he used this under his fake realestate name in MA to put a 4,000 black mark on my credit. No letters from him or anything. My credit monitoring service alerted me. I need to know if I can bring I'm yo court and in what state! This is fraudulent! Misuse and improper handling of my personal information without legal authorization to do so. Where the owner is in Mass, I am from NH and the land is located in VT, where do I go to file? Nobody seems to be able to tell me.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, and welcome to JustAnswer, My name is ***** ***** I will be glad to Answer your question and the only thing I ask is that you leave a positive rating. You have already placed a deposit with JustAnswer, so leaving a Positive rating will not cost you anything additional, but it is necessary in order for JustAnswer to give me credit for assisting you, Fair enough ?

You asked in which State you could or should file a lawsuit for the return of your deposit,

ANSWER - You have a choice of States in which to file your lawsuit, Since it involves real property, you can sue him in the Courts of Vermont, the State in which the real property is located. You can also choose to file your lawsuit in a Massachusetts Court because the owner of the property is the individual who is holding your deposit money, and who also is a Massachusetts resident. Since it will be easier to serve the defendant with the Summons and Complaint in Massachusetts, his State of residence, you should opt to sue in Massachusetts. Besides the causes of action you have already mentioned - fraud, improper use and misuse of your personal information, you should also include the grounds of all harm he has done to your credit worthiness. You should order a copy of your credit report to determine to what extent he has negatively impacted your credit score and also to determine the extent and the kind of derogatory remarks he has placed in your credit file. You can add that as one of your claims and also ask the Judge to Order him to remove all negative remarks which he has caused to be placed in your credit file and that his failure to remove these negative remarks should be considered as Contempt of the Court Order. If a finding of Contempt of Court is made by the Court, he can be sentenced to jail time of up to 6 months.

Please let me know if you need clarification on anything, and I will be glad to explain further.

If I have Answered your question, please be kind enough to leave a positive rating. Positive Feedback and Bonus are very much appreciated,

Kindest Regards,


Customer: replied 1 year ago.
Thank you so very much. This is the most help I ha w received from anyone. I really appreciate it. I intend to Persue this ASAP so that I can remove any marks on my credit. Again I thank you. You're advise was more helpful than you know.
Customer: replied 1 year ago.
I do apologize for typos.
Expert:  Andrea, Esq. replied 1 year ago.

You are very welcome. I was glad I could help.

Please do not forget to leave a positive rating for me so that JustAnswer will give me credit for assisting you. Otherwise, I do not receive any credit at all, Okay ?


PS If you have questions in the future, please feel free to direct them to me by typing, "FOR ANDREA ONLY ......"​ and I will be glad to help you once again, Okay ?