limitations of actions

[mprize]

What is the name of your state? colorado
is there a statue of limitations for filing small claims? if so, is it from the time the infraction occured or when the claimant discovered the infraction? i purchased property 1996. i have a letter form the listing agent indicating that a fee for filing a well permit was sent to the selling agent from the listing agent. the selling agent was to file this with the state on my behalf. i sold the propery in september and found that this had not been done. i had to pay $485.00 in fees to register the well before i could close on the property. i contacted the real estate brokerage house of the selling agent. the selling agent is no longer with that agency or in the area. the broker/owner looked into the matter and told me that there was no indication that is was done, nor that it was not done, and he could not help me.

 

[BL]

http://www.nolo.com/lawcenter/ency/article.cfm/objectid/0566BBF3-858F-4E25-89F7A06B61F9CEF5/catID/DCA1178C-B579-49DC-AECDFCB8A7E9A20B all States.

I'm not sure if it's the date of discovery or the date of last activity, but it might cover both.

Since you've had correspondences & letters, you may be able to use them.

 

[JETX]

Actually, Blonde is not correct.

The SOL (Statute of Limitations) on ANY action is set by state law and is 'action' specific. The SOL is different for crimes and for civil actions.

The SOL's for most civil actions in your state is:
Open Acct.: 3 years
Written Contract (signed promissory note): 6 years
Written Contract Goods Services: 3 years

In any case, since the basis of your claim (in 1996) was more than 6 years ago, you probably lost all rights to pursue any legal action. However, there MAY be some hope. Most states start the SOL clock at the time you became aware of the breach or violation. If that was within the last 6 years, you MAY be able to bring your action.

With that, the only real question becomes.... do you have sufficient PROOF to show the court that you paid the agent for the services and that he did NOT provide that service.