Can I take someone to small claims court for a 2500 E O fee that I had to pay because they named me in a lawsuit?

UPDATED: Sep 30, 2022

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Can I take someone to small claims court for a 2500 E O fee that I had to pay because they named me in a lawsuit?

I’m a realtor and represented a seller in a transaction. After closing the buyer is suing the seller over issues with the hard wood floors. I was named in the lawsuit, so have to pay the 2500 for errors and omissions. I did not know there was not wood flooring under some of the carpet nor that the seller previously had a dog who caused pet stains that she didn’t disclose.

So, my question as stated above. Can I take the plaintiff to small claims court to get reimbursed for the 2500 that I have to pay?

Asked on July 31, 2017 under Real Estate Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The plaintiff is presumably the buyer: the one suing. You have no grounds to sue him or her: he or she has a right to sue if he or she believes he or she was misled. The plaintiff has done nothing which would give you a cause of action against him or her, at least according to what you have written.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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