Legal Question in Real Estate Law in California

Maybe. Is it within 4 years of the original sale? If not, is the omission one that anyone could see if they knew what to look for, or would it require some kind of professional investigation or inspection? If it would not be apparent to anyone who was looking for it, then you have ten years to pursue the builder for defective construction.

Mr. McCormick is alluding to the statute of limitations, a defense to lawsuits that says, in effect, "I'm not liable any longer, your suit is too late." I agree that's the most likely factor that could prevent you from prevailing if you sued. In most cases, a second owner has all the rights, remedies, warranties, etc. that the original owner would have if he still owned the property.