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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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