Legal Question in Real Estate Law in Georgia
Fraud statue of limitation
I'm looking for some guidance on a issue that stems from a sale of a condo here in Georgia. The current owner purchased the condo from us in Nov. 2002. He did not have an inspection done. A couple of weeks ago, we received a letter from him stating that he wants us to pay him $750 dollars to cover half the cost of repairs that were due to water damage in the condo. He claims that we knew the condo had water problems and failed to disclose this to him at the time of the sale. We did have some floor-based water damage that occurred while we were living there (ground floor unit). However, the association repaired the problem and it did not reoccur. The invoice he sent to us indicated the problem was a result of a leaky drain in the unit above his, that occurred within the floor of the above unit and dripped into the walls/ceiling of his unit below. He is planning to take us to Small Claims to recoup the cost of the repairs. We've told him it's the associations responsibility since the leak occurred within the walls of the building.
If he sues us for fraud, then doesn't the 2 yr statue of limitations apply and isn't he out of luck?
1 Answer from Attorneys
Re: Fraud statue of limitation
The statute of limitations for a fraud (injury to personalty) claim is 4 years. And it would be from the date the action accrued, not necessarily the date of purchase.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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