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Can I sue a real estate broker, their agent and the listing agent in three separate cases at small claims court?

Oakland, CA |

I recently found out that my back yard doesn't belong to me! The listing showed photos of the house and the back yard; it was also described in the mls. After two years of having the property and caring for the back yard I discovered it was a separate lot. The house was a foreclosure and the lady who used to own it has passed away - the loan she took out was only for the house only, not the back yard. So, nobody owns this lot. To stop the city from putting it up for auction I have paid all the back taxes and will now have to wait a few years to try to get it through quiet title. I would not have brought the property without the back yard and if I don't get it back I will have a VERY close neighbor! I would like to sue all parties separately in small claims court, can I do this?

Attorney Answers 3

  1. Why small claims court? You're limiting your damages. Did you have an attorney? Do you have title insurance? It really seems odd that this was not picked up.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -

  2. I'm assuming you are trying to bring separate lawsuits to stay within the jurisdiction of the small claims court. You might have to bring suit in a different court. Generally you cannot bring three separate lawsuits against three different defendants over the same incident. If you are curious as to why, research the term "res judicata."

  3. You can't file three separate suits. But you probably have a good claim. Go talk to a real estate attorney in your area. You should be able to find one who will take the case on a contingency. Doing it yourself in small claims will end up with you losing out on some of your rights.