Legal Question in Real Estate Law in California
Failure to disclose problems in home sale
I purchased a house in California about two years ago. When I moved into the house, I realized that the seller failed to dislcose two problems with the house:
(a) noise and other undesirable consequences from parties almost every weekened in a lodge which is located next to the house.
(b) parking nuisance
My questions are:
(1) Do I have the right to sue the seller for not dislcosing these problems?
(2) What if they claim that they never experienced such problems?
(3) Will the seller's real estate agent also be held responsible?
(4) What is the statute of limitation in this case? Is it too late for me to take the seller to court?
1 Answer from Attorneys
Re: Failure to disclose problems in home sale
The statute of limitations for fraud is three years, or one year after discovery, if that is longer. You are within the statutory period. However, it will be tough to prove that the noise you hear now was also present 2 years ago when the seller lived there.
The real estate agent will be liable only if the problem was discoverable by a reasonably diligent inspection. The agent does not have to come by at all hours of the day or night to see if the place is too noisy.
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