Legal Question in Real Estate Law in California
Satute of Limitations on Real Estate
The developer who sold us our California house orally informed us that that land behind our property was off limits for future developments due to environmental sensitivity and they failed to disclose any intent to develop this area in their master disclosure. However, after we purchased our lot, we discovered that the developer had always intended to develop an apartment complex immediately behind us. We proceeded to fight the development until ultimately filing an appeal with the Californian Coastal Commission. We lost the appeal about 6 years after purchasing the property and gave in by selling our house at a devalued price due to our having to disclose the proposed development. Two years have past since losing the appeal and selling our house and the developer has not yet begun their development. It has been 7 years since we purchased the property yet only 2 years since we lost the appeal and sold our house. What is the statute of limitations for filing a suit and when does the clock start (when we purchased the property, when we lost the appeal, when we sold our house, when the developer begins construction, etc.)?
2 Answers from Attorneys
Re: Satute of Limitations on Real Estate
Never rely on oral promises that aren't in the written contract; in all likelihood you will lose.
Re: Satute of Limitations on Real Estate
I answered another post of what seems to be the same question earlier. Now seeing Mr. Stone's answer, I must say that I agree that even if you had a still-timely cause of action because the statute of limitations hadn't run, you have a humongous proof problem in the real world. Proving fraud by oral misrepresentation is very difficult, because after X years everyone's testimony will be different as to what was said, the context, what it meant, and on and on.
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