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Pro Se Complaint
I am suing seller and their broker for earnest money. Both are listed as
defendants on the summons. My private investigator/process server was able to
serve the seller but not the broker. Is it absulutely necessary for the broker to
even be present since the seller was served to have a strong case to win? Even
if i ask the judge to drop the broker as a defendant. What are my chances of
winning the case with the seller and without the broker present?
Asked on April 7, 2016 under Real Estate Law, Illinois
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There's no way to answer your question about winning the case in terms of the subjective strength of your case, since there are no details provided.
The risk you have is that if the broker is an "indispensible party"--someone so integral the case and the rights of the other parties, including the seller--that the case cannot effectively or equitably be decided without the broker, the judge could dismiss the case for failure to join an indispensible party. Such a dismissal would generally be "without prejudice," which means that so long as the statue of limitations has not expired, you could re-file.
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