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Being Sued - living in Canada?


I sold my home and moved to Canada where I now live. The person who bought my house had a leak in the basement which her insurance company said was a pre-existing condition and would not fix. We had no knowledge of the leak, when we sold the house and in fact she had a home inspection, a walk thru and additional 1 year home warranty. She is now suing me. How does this work with me living in Canada and do I need to be there for the court case? Any help will be appreciated.

I live in Canada.

Sorry, but the Courts in Canada will enforce a Judgement from a Court in the US if it's an actionable offence up here as well.

Best to fight it from the US.

You have the right to fight it in writing, where you make all of the submissions in writing. You'll lose the opportunity to cross-examine any of their witnesses, though.

The purchaser has a tough road ahead. They have to prove that it was a pre-existing condition ( the insurance company could be wrong or lying) and that you knew about it and deliberately witheld the information. They also have to prove that they acted to minimize the damages.

You should be able to win this.

She will either have to sue you in Canada, or in the alternative, you must agree to the jurisdiction of the state court in the United States.

Some states have "long arm laws" that might make you subject to the jurisdiction of their courts, but courts in the United States have no ability to have judgments enforced in Canada. It would not be a problem for you unless you still have assets in the United States.

The plaintiff may be able to use the fact of the judgment against you to initiate a separate action in Canada.

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