Legal Question in Real Estate Law in California
I purchased a house where the refrig. was included in the sale however when they vacated they took it with them I want to take them to small claims court to retrieve it or funds to replace it but they are now living in another county. Should I write them and advise them ? and file in my county? Thank you.
2 Answers from Attorneys
The proper venue for the small claims court case would be the county in which the home is located. That is where the contract was entered into and where the real property is located. Rather than demanding the return of the refrigerator you should determine the replacement cost and demand the payment of cash. If your demand for payment is ignored then sue in small claims court.
You need to be sure that the refrigerator was included in writing as part of the purchase agreement, then the fair market value of the used appliance will be your best remedy.
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