Legal Question in Civil Litigation in North Carolina

jurisdiction

can a virginia civil court have jurisdiciton over subject matter that is located in north carolina? the case involves a modular home that was purchased in virginia and delivered and set up in north carolina. the seller did not disclose the fact that the home was built as a ''model home'' only and never intended to be inhabited by human beings. the buyer can not get a certificate of occupancy. the seller is suing the buyer for specific performance because the buyer refuses to pay for a home that can not be lived in. the land is co-owned and only one land owner signed the contract to buy the house. the seller amended the suit to include the co-owner of the land over removal of the home (located in north carolina.) co-owner is resident of nc but filed answer to complaint. (i did question the jurisdiction of the virginia court in my answer) i think i already gave up my claim to personal jurisdiction but what about the fact that the home is located in nc ? wouldn't that mean nc would have jurisdiction over the subject matter?


Asked on 11/14/08, 1:04 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: jurisdiction

If I understand your question correctly, it is whether the VA court has jurisdiction over the "subject matter" and over the defendant-seller. The VA court would have personal jurisdiction over the seller because it appears that the seller had significant activities in VA (i.e. selling the property from VA). The VA court would also probably have subject-matter jurisdiction (e.g. this is not a "federal" issue). One generally wants to challenge jurisdiction at every opportunity, else it can be waived. And you may of course want to retain an attorney.

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Answered on 11/14/08, 7:58 am


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