I purchased a home and later discoved that it had a drainage problem. Contacted sellers real estate broker, he said he knew nothing about this and it was not disclosed by the seller. Later the real estate broker,in a letter, quoted the seller as saying "he knew about the problem but just looked at it as free water." Since the sale the seller has moved to Texas from Colorado. The estimates are from $7500 to 16,000 to correct the problem. I want to file a small clains suit but in what state do I do it in.

You probably want to sue in Colorado. If you can sue in Texas, you are going to need to have the realtor testify. Perhaps you can use a deposition, but I doubt that small claims rules allow for the taking of depositions.

The big problem you have is that your damages may be above the small claims jurisdiction amount in either state.

AK is correct $7500 is the ceiling for small claims in CO. However, you have not told us what exactly is the drainage issue so I can't even start thinking if you could win. What is meant by ""he knew about the problem but just looked at it as free water." "

But I was incorrect about being able to sue in Colorado small claims court. Their small claims rules require that the defendant reside in Colorado.

The maximum you can recover in Texas small claims court is $10,000

Missed seeing that forest because of this big tree in front of me.

Quote:

---

Originally Posted by ballengerb1

Missed seeing that forest because of this big tree in front of me.

---

Ok. But did you mean $75 K?

Nope, $7500, my finger had a stutter, now corrected

And real estate law can be somewhat confusing so I would advise an attorney for this.