Legal Question in Real Estate Law in California
faulty disclosures
purchased a home almost 4 yr ago, recently had major repairs done only to find out that the seller did patch work on home, they knew of the damage and never disclosed information. Statue of limitations is what on this?
3 Answers from Attorneys
Re: faulty disclosures
Good advice from all. But, your contract probably has an arbitration and/or mediation clause. Last one of these I did we won, but the attorneys fees wound up eating up about 1/3 of the total recovery. It could be more. I would not take this kind of case on a contingency. Perhaps you can find someone who would. Still the out of pocket expense can be significant.
Re: faulty disclosures
Your time limit may not begin to run until you DISCOVER the problem or should have discoved, thus you may still have time.
Re: faulty disclosures
Mr. Selik is correct about the statute of limitations for failure to disclose, a tort. In addition, you might be able to take advantage of the four-year statute of limitations for breach of a written contract. A lawyer preparing a complaint for you should assert all reasonable theories and if one fails due to a statute of limitations defense, you might still win on another of the theories.
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