How would I go about suing someone for breach of contract on the sale of their home if they have move to another country?

I am the buyer the seller has refused to go through with the closing on her house. The closing date has passed and the contract has been breached. We want to sue for all the money we lost but she lives in South America. She has a POA so that has been the person who has been signing everything. If we can’t get a hold of her should we be suing her POA?

Asked on August 30, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The venue for any breach of contract action (county and state) would be in the superior court of the county and state where the property desired to be purchased is located. The parties to be named in the lawsuit as defendants would be the actual owner of reocrd of the property and the designated agent holding the power of attorney (poa).

The designated agent could be personally served with the summons and complaint where he or she resides. The actual owner of record could either be personally served with the summons and complaint in South Africa, served by way of mailing certified mail return receipt requested, or served by way of publication is a newspaper after an order of publication is made by the superior court. 

Good question.

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