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Updated over 5 years ago on . Most recent reply

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8
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Janikka K. White
  • Dallas, TX
3
Votes |
8
Posts

Open lawsuit where property is located or where the Owner lives?

Janikka K. White
  • Dallas, TX
Posted

I have a investment property is Tulsa, OK. But I live in Dallas, TX. The home was renovated. The home was just rented out 2 weeks ago. The tenants 1st 2 weeks in home, almost everything that could break or stop working, did. I asked the contractor about it and the contractor basically did not own up to the many many mistakes and states the money is gone and issues can't be fixed. I have had to re-pay for all the major issues to get fixed seeing as I have a tenant and family in the home. I am still fixing major issues today. I would like to sue as I believe I have a pretty good case and evidence. So...

1. Should I open the case in Tulsa, where the rental property and contractor is located or here in Dallas where I live?

2. Any and all advice you all can give would be GREATLY appreciated.

3. If you are a Tulsa, Oklahoma or Dallas, TX Real Estate Attorney, please feel free to reach out. Or if you guys know a good Real Estate Attorney in these areas, please drop their names and/or contact info. 

Thank you! Have a blessed week! 

Most Popular Reply

User Stats

718
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912
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John Chapman
  • Investor
  • Dallas, TX
912
Votes |
718
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John Chapman
  • Investor
  • Dallas, TX
Replied

This is not a good idea.  First, suing a broke contractor out of state is basically going to be a waste of time and money.  Even if you get a judgment, how are you going to collect?  I don't know collection laws in Oklahoma, but here in Texas you'll never get a penny out of him unless he has gobs of assets just hanging out there.  Lawsuit is like a three-legged stool, need liability, damages, and collectability.  Second, any damages you collect will almost certainly be eaten up in attorney fees and costs.  Lawsuits are expensive and there needs to be a lot at stake.  No attorney is going to take this on contingency.  Third, for a host of reasons, you'll likely have to sue in Oklahoma.  Fourth, if you do decide to proceed with this, you need a litigator, not a real estate attorney.  In sum, you probably just need to take this as a learning lesson and move on.  Caveat:  there may be some unique facts you didn't share, but it sounds like a typical contractor dispute to me.

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