Legal Question in Real Estate Law in Florida
can i sue a property held in trust? the condo above me had a water leak. the owner transfered the property to her disabled brother with a lawyer being the one who holds it in trust. can i sue this property owner or lawyer for damages?
Asked on 10/29/10, 2:17 pm
1 Answer from Attorneys
Shelly Schellenberg MI & FL
private practice
You cannot sue property, you can only sue persons or corporations.
You have to prove that you suffered damages due to the water leak above you. Then you have to prove that the owner either caused the water leak, or ignored the water leak, and that their negligence or intentional acts were a direct cause of your damages. You must be able to show how you calculated a monetary amount of the damages. If you can do all of this, it doesn't matter who the owner of record is, that's the party you sue.
Answered on 11/03/10, 5:56 pm
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