Legal Question in Real Estate Law in California
Residential Real Estate - Statute of Limitation
What is the statute of limitation for an action against the seller of residential real property?
4 Answers from Attorneys
Re: Residential Real Estate - Statute of Limitation
4 Years on a written contract for breach of contract and 3 years for fraud.
Re: Residential Real Estate - Statute of Limitation
what type of harm have you suffered, and when did you discover the harm? let me know these answers and i may be able to better assist you.
Re: Residential Real Estate - Statute of Limitation
5 years on a loan secured by real property, 4 years on a written contract, 3 years on fraud, 2 years on a verbal contract where the side suing has performed in full, and 1 year on injuries caused by non-disclosed defects in the property
Re: Residential Real Estate - Statute of Limitation
The statute of limitations depends upon the nature or 'gist' of the action. If the proposed suit were on a written contract, the statute of limitations is four years and generally it starts to run from the time the action accrues, i.e. in the case of a contract, when the contract is materially breached. Oral contracts are two years, and various torts may be between one and three years, occasionally more. There are many technicalities in applying and interpreting the limitations statutes, so it's best to present your real-life fact set to a real life lawyer.