What to so if I’m being sued in small claims court for breach of a real estate contract?

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What to so if I’m being sued in small claims court for breach of a real estate contract?

When we went to the final walk-through, the house was not in the same condition as it was when we signed the contract. Also, the seller did not disclose water leaks. We found 2 – 1 was in the ceiling in the kitchen and 1 was in the wall hidden by a dresser. The seller wants me to compensate her for money damages incurring her $10,000. The house was sold for the same amount that we offered. It was a short sale. I am assuming she wants me to pay her rental payments incurred from the last year.

Asked on October 11, 2012 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the seller of the property that is suing you for your cancellation of the purchase contract due to her non-disclosure for the same price that you were in contract with, then under the laws of all states in this country the seller has no damages. The property sold for what you were in contract for.

I suggest that you call your own real estate as a witness at the small claims matter. Likewise, you should consult with a real estate attorney as to the protocol in a small claims court matter to assist you in its preparation since attorneys cannot appear in small claims court.


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