If an out-of-state seller breached land contract, where do we file the lawsuit?
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If an out-of-state seller breached land contract, where do we file the lawsuit?
We are in OH on a land contract with a seller who is in CA. It states in the contract that we have the option to record it locally. However, the seller is denying us this right by not sending us a proper certified copy to record. Does this violate a breach of contract and also, in which court must we file the lawsuit? Additionally,the seller switched mortgage servicers on us after the first 6 months and the new servicer has not credited these payments to our account. The seller wishes to do a “restatement” but we feel this would be foolish.
Asked on December 25, 2010 under Real Estate Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
But the property is located in Ohio, correct? Then if you are suing for breach of the contract do so in Ohio. A court has to have what is known as jurisdiction over parties to allow law suits to proceed. Your residency gives the court jurisdiction over you and the land should give them jurisdiction over the seller. Check with an attorney on this but I think that you should seek legal counsel in your area with help on this matter anyway. Then entire situation is making the hair on the back of my neck stand on end. I fear that you are being taken advantage of and that certain things are falling through the cracks - like the mortgage issue. Get help. Good luck.
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