Legal Question in Real Estate Law in Maryland

Defendant for small claims action cannot be located

I agreed to sell a house to a buyer who moved into the property under a pre-settlement occupancy agreement. The buyer proceeded to male modifications to the property without my permission, and paid for the rental with checks that were returned for insufficient funds. The buyer subsequently moved out, abandoning the property. My damages exceed the limit for Small Claims Courts judgement $2500) but I would like to collect at least that amount. The defendant/buyer cannot now be located and may have left the country. The buyers real estate agent is holding a $1000 deposit in escrow but will not release it to me without the buyer's permission (which cannot be obtained.) Should I sue the agent instead?


Asked on 10/31/00, 12:22 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Defendant for small claims action cannot be located

You have a difficult problem unless you can obtain service of process on the "renter" under court rules. You really don't have a claim against the agent, because he/she isn't responsible for the wrongdoing of the renter.

If you sue the renter and send him the court papers by certified mail at the best address you have for him, and assuming he doesn't accept them, you might be able to convince the court to treat him as a service evader, and allow you to serve him by regular mail or perhaps by publishing a notice in a newspaper. Then you can obtain a judgment for the escrow deposit and the realtor will be happy to turn it over to you. Good luck!

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Answered on 11/20/00, 2:33 pm


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