Legal Question in Real Estate Law in Indiana

I am located in California, a little over two years ago I bought an investment property in Indianapolis, Indiana sight unseen suggested to me by someone I trusted. He was not a licensed Realtor himself but his real estate business partner was, and he facilitated the transaction just like an agent. It turned out he completely misrepresented the property, and later had to sell the property at tremendous financial loss. I have filed with the state attorney general a year and half ago, and it has been reviewed by an investigator and forwarded to a state attorney about two months ago. The process is very slow.

I have also talked to an attorney local to where the property is, and he informed it will take about $10,000 to see the whole thing through including trials, but even if I won, collecting might also represent a problem. After thinking about it, it seems to me there should be other options, i.e. I file a lawsuit, and the other person might decide to settle out go the court.

Can someone give me an idea how much it would it take for me file a law suit? I would also appreciate any advice on what my options are at this point. Thank you.


Asked on 3/21/11, 10:34 am

1 Answer from Attorneys

The documents from the transaction and all written representations would need to be reviewed before any opinions could be given. Generally, it is not a good practice to file a lawsuit for the purpose of settlement, rahter a lawsuit should be pursued with the thought that it will go to trial. Otherwise, if a case does not settle, it may be too late to properly prepare.

Additionally, in order to determine what the costs for filing would be, a determination would need to me made concering whether your case meets the jurisdicaitonal requirements for a federal case. If it does, the costs would differ from what a state case would be. Good luck

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Answered on 3/21/11, 4:14 pm


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