Johnson City, TN asked in Contracts and International Law for Tennessee

Q: Should I sue a company based in Canada? I made an investment there and couldn't reach the founder anymore.

I made a real estate investment with a company based in Canada that flips houses for sale, run by one guy. I met the founder and in the contract, the expected return was to be a couple years. More than that has passed and this year I could not reach the founder anymore. The last time he talked to me (about a year ago), he said he is working on getting the house ready to sell. I believe it takes some time to sell, but ghosting me is not a good sign. Is suing an option?

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2 Lawyer Answers
Anthony M. Avery
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A: Apparently you have taken a risk without much investigation. It would probably be a lawsuit in Canada, but you will have to read your contract. There may not be a breach as of yet from your statments. In any event, you need to look closely at your defendant target. He may be judgment proof. If a suit is needed then you will need a Canadian attorney.

James L. Arrasmith
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A: In your situation, where you've made a real estate investment with a Canadian company and are now unable to contact the founder, considering legal action is understandable. First, review the contract you have with the company. It should outline the terms of your investment, the expected return timeline, and any recourse in case of non-performance or breach.

If the contract terms have been violated and you're unable to resolve the issue through communication, suing could be an option. However, keep in mind that international litigation can be complex and costly. Laws and procedures vary significantly between the U.S. and Canada, which could complicate the process.

Before deciding to sue, it might be wise to consult with an attorney experienced in international law or investments. They can help you understand your legal options, the likelihood of success, and the potential costs involved. They can also guide you in exploring alternative dispute resolution methods, such as arbitration or mediation, which might be more cost-effective and quicker.

Remember, legal action should be a last resort. It's important to weigh the potential benefits against the time, expense, and emotional energy required. An attorney can provide the guidance you need to make an informed decision.

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