Reference no: EM133454004
Case Study: While vacationing in Nevada, the Hendrickses, residents of the state of California, attended a sales presentation regarding vacation property located in Idaho. During the sales presentation, which was conducted by May Forrester, a real estate agent with Hearth & Home Real Estate Company, the Hendrickses were shown numerous color slides of the vacation property, all depicting large, level lots surrounding a manmade lake. The lots were owned by Paradise Found, Inc., an Idaho corporation. They were told during the presentation that the lots were ready for building. The lots were offered for the price of $100,000 and only two lots remained unsold. The realtor expected these to go quickly. Swayed by the sales presentation, the Hendrickses purchased a lot without personally visiting the site. They paid cash and received a deed. Shortly thereafter, they visited the property in Idaho and found that the lot they owned was nothing like the photos they had seen. The lake was completely dry, no building had occurred and in fact a great deal of preparation would have to be done before any building could begin. There were no utilities, sewers, or roads. The Hendrickses immediately contacted the realtor, May Forrester, the company she works for, Hearth & Home Real Estate Company, and the seller of the property, Paradise Found, Inc. The sellers refused to return the Hendrickses' money. The file also indicates that Hearth & Home Real Estate Company is a partnership owned by Harry and Harvey Rice. Your attorney is anxious to initiate a lawsuit in this matter and asked you to research all proper parties, all possible causes of action, and identify possible witnesses.
Questions:
- Can the Hendrickses sue the realtor, the real estate company, and the seller of the property all in the same lawsuit? If so, what method or device should they use?
- Which rules from the Federal Rules of Civil Procedure govern the method(s) you have chosen for the combined law suit?
- Is there a common question of law or fact? Do the claims against each party arise out of the same occurrence or series of occurrences? Explain why you think they do or do not.
- Would this be an instance of permissive joinder or compulsory joinder? Explain your answer.