About 4 years ago my husband and I were going to buy a home that was going to be owner financed. The lady had the papers drawn up that we signed and I gave her a $7000.00 down payment. A few days later I we changed our minds because it was just so far out. Anyway, we told the lady and they gave us $2000.00 back and they said when they sold the house they would give us our $5000.00 back. We sent letter after letter after we learned the house had sold. Finally, I was able to speak with her and she said things changed and she wasn't able to refund anymore of our money. My question is: Should I try to file a civil suit or get an attorney to get the remainder of my money? Any help you can offer would be greatly appreciated.
Asked on 7/27/09, 2:54 pm
1 Answer from Attorneys
Adam Lambert
The Law Office of Adam S. Lambert
If you believe you are owed money, by all means file suit. $5,000.00 is not insignificant. You may have to spend a few dollars getting the money, but not as much as you stand to make. I would make an appointment with an attorney in your area.
You can also file a small claim. Recently, the Legislature raised the limit of small claims for Justice of the Peace Courts to $5,000.00. You don't need an attorney for small claims. However, as your case raises several fairly complex issues of contract law, lease law, and property law, I would strongly recommend that you hire an attorney, even if you go to small claims court.
Answered on 8/04/09, 12:23 am
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