Legal Question in Real Estate Law in California

Sure, you can sue them.....but I assume the real question is whether the suit is likely to be successful, and if successful for a legal standpoint, will the result be a financial success.

A first issue is whether the defendant(s) have a statute of limitations defense. Your suit would probably be strongest if it could contain allegations based upon fraud as well as breach of contract, and the limitations period for fraud is three years from the time when the fraud is, or with reasonable diligence could have been, discovered. It's four years for suits based upon written contracts. So, for maximum pleading potential, sooner may be better.

Another issue is whether the sellers knew about the zoning violations. Sellers only have to disclose things they know about, and which would affect the value in the minds of most reasonable buyers. If the sellers employed a broker or agent, the requirement is somewhat lessened, since real estate licensees have a duty to investigate and disclose, and you'd probably want to include the broker as a co-defendant.

Finally, you need to consider the financial math. What is your probability of winning? If you win, what would be the amount of your judgment? What is the likelihood that you'll be able to collect your judgment?

I suggest you take your documents and facts to one or more real-estate attorneys in your area and ask for a free consultation.

In addition to what Mr. Whipple states, the first question I would ask if you were in my office would be how come you didn't know of the zoning problems at the time of buying the property?