Hypnotist321
Junior Member
What is the name of your state (only U.S. law)? TX/NM
Howdy Y'all,
Without going into great detail, this is a breach of Real Estate Contract issue. The property is located in NM. The parties (one Seller, two Purchasers) were TX residents at date of REC execution (10-26-03). The Purchasers breach is arguably Fraud topping a long list of other complaints. Fraud occurred well within statutes of limitations in both TX and NM.
Seller and one Purchaser are still residents of TX, and one Purchaser is still employed in TX, although he now "resides" in the NM property. I believe based on those facts, a TX court would have personal jurisdiction over the parties to decide the matter.
The question is...does a TX court have subject matter jurisdiction? Or because the property is in NM, is NM the correct venue to file suit?
I believe TX would have subject matter jurisdiction if the court views the matter as a contract dispute vs a real estate dispute.
Am I correct in my thinking?
Thanks in advance!
Howdy Y'all,
Without going into great detail, this is a breach of Real Estate Contract issue. The property is located in NM. The parties (one Seller, two Purchasers) were TX residents at date of REC execution (10-26-03). The Purchasers breach is arguably Fraud topping a long list of other complaints. Fraud occurred well within statutes of limitations in both TX and NM.
Seller and one Purchaser are still residents of TX, and one Purchaser is still employed in TX, although he now "resides" in the NM property. I believe based on those facts, a TX court would have personal jurisdiction over the parties to decide the matter.
The question is...does a TX court have subject matter jurisdiction? Or because the property is in NM, is NM the correct venue to file suit?
I believe TX would have subject matter jurisdiction if the court views the matter as a contract dispute vs a real estate dispute.
Am I correct in my thinking?
Thanks in advance!