Do I have the right to sue my father regarding the purchase of is house?

UPDATED: Sep 30, 2022

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Do I have the right to sue my father regarding the purchase of is house?

I am the grantee of a home that I was buying from my father. The contract states that part of my payment was to go to insurance. Well, the house caught on fire but my father said the insurance has lapsed. I think that there was insurance but he kept the money and never replaced any of my belongings at the time. I was current with my payments and now am at risk of losing the home due to owing back taxes.

Asked on August 20, 2017 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your write that the "contract states"--if you had a contract requiring insurance and he violated that contractual obligation, you could sue him for "breach of contract" to recover the "damages" (or costs and losses; e.g. the value of any destroyed belongings and also the cost to repair the home) which would have been paid by insurance had he procured and maintained it.
If the amount at stake exceeds $10,000, you should hire an attorney to represent you. If less than that, you may wish to pursue this matter as your own attorney, or "pro se," which you have the right to do, since smaller amounts can be largely or wholly eaten up by legal fees.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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