Legal Question in Real Estate Law in California

Yes, if you are within the statute of limitations.

The statute of limitations for failure to disclose in a real estate sale runs from the earlier of the date you actually knew, or reasonably should have known about a problem. The question is more factual than you might think. The issue boils down to whether or not you could have previously discovered this problem, and did you take legal action within that time frame? The biggest obstacle you probably face is that it sounds as if you may not have had a professional, third-party inspection of the property before buying it. Failing to do so might act as a waiver of your right to pursue the prior owner. At the same time, if you can prove that the prior owner knew and intentionally concealed it, then you may still have a cause of action. Again, this question is very fact-intensive, and you need to review it with an attorney who is experienced and knowledgeable in this field.

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