QUESTION

Re; small claims. In a real estate contract dispute, should the small claims action be filed in the location where the contract was signed ?

Asked on Jul 19th, 2012 on Breach of Contract - Nevada
More details to this question:
I am trying to get my earnest money deposit returned after the seller cancelled the contract and refused to close escrow and return it. I want to file in the area where the house is located, which is also the area I live. Thanks..
Report Abuse

1 ANSWER

R. Christopher Reade
NRS 73.010 is the statute which discusses the jurisdiction of justice courts for small claims. This statute provides that Small Claims Court may take jurisdiction over a matter where the defendant named:             1. Is a resident of;             2. Does business in; or             3. Is employed in the township in which the action is to be maintained.  If the Seller also occupied the property as his/her home, then chances are where the property is located is also the township in which the Seller is a resident.  Even if not, you could assert that the Seller was doing business in that township by selling the property.
Answered on Jul 23rd, 2012 at 2:30 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters