Legal Question in Real Estate Law in California

real estae deal that was done over the internet

file in state of fedreal court


Asked on 4/21/08, 10:56 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: real estae deal that was done over the internet

Real estate lawsuits are generally filed in the county in which the property is located, in State court.

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Answered on 4/22/08, 6:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: real estae deal that was done over the internet

Many cases must be filed in state court. Some may be filed in either state or federal court. A fewer number involve exclusive federal jurisdiction and must be filed in federal court.

The fact that this was a real estate deal strongly suggests that it is one which MUST be filed in the courts of the state in which the land is situated. See below for possible exception.

In general, to get a case into federal court requires either (1) a federal question (issue involving a law of the United States) or (2) diversity of citizenship and more than $75,000 at stake. Further, Federal courts generally won't hear cases involving "family law" issues (divorce, probate, etc.) or cases involving title to or possession of real property.

Based on a question expressed in only fifteen (15) words, I am at a loss to tell you for sure whether your case could possibly be brought in Federal Court, but my surmise is that it belongs in the state court where the property which was the subject of the deal is situated.

A possible exception would be if the prospective case involves a violation of a Federal statute barring or regulating certain kinds of interstate land-sale deals without certain disclosures, or something of that ilk, but as I say, you didn't provide a lot to go on. The fact that some of the negotiation was done over the Internet is probably irrelevant, but who knows for sure?

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Answered on 4/21/08, 11:56 pm


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