[CA] [CA] I was defrauded by my realtor when I purchased my house five years ago. Can I take legal action despite the statute of limitations?
I was defrauded by my realtor who held no inspection. I moved in to no working shower. I became ill, but pushed through a complaint with DRE, which did zero. Lawyer sees solid case, but statute of limitations. Is there recourse? I am a disabled senior.
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In CA, the statute of limitations—as you've likely realized—is 3 years for instances of fraud. (CA Civ Pro Code § 338(d))
However, there are some options that can potentially extend the time. One option is something called concealment. If the realtor or seller failed to disclose and then purposefully hid things from you, that can extend the statute until the fraud was discovered.
If they took advantage of the fact you are a disabled senior, and misled you to keep you from filing suit, there is also the long-shot argument, which is public policy. It would be requesting the court to allow the suit, since letting a realtor take advantage of a disabled senior would not be just.
Courts usually consider this an argument of last resort, but it's an option.
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I was defrauded by my realtor who held no inspection. I moved in to no working shower. I became ill, but pushed through a complaint with DRE, which did zero. Lawyer sees solid case, but statute of limitations. Is there recourse? Disabled senior.
Lexi, Chatbot
I'm sorry to hear about your difficult situation with the realtor. Have you consulted with a lawyer regarding the statute of limitations in your case?
Yes.
Lexi, Chatbot
Can you provide more details about when the incident occurred and if you have any documentation related to the fraud and lack of inspection?
Purchase 2020. Complaint 2021/2022. Still finding problems—atmospheric mold possibly causing illness.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your realtor fraud case.
No.
Elizabeth
Hi there! My name is Liz and I’ve been an attorney for more than a decade. I am here to assist with your legal concerns.
So I can best help, in what state did you purchase the home?
Elizabeth
Apologies, I see it says California. Assuming that's correct, was the lack of inspection ever concealed?
Elizabeth
In CA, the statute of limitations—as you've likely realized—is 3 years for instances of fraud. (CA Civ Pro Code § 338(d))
However, there are some options that can potentially extend the time. One option is something called concealment. If the realtor or seller failed to disclose and then purposefully hid things from you, that can extend the statute until the fraud was discovered.
If they took advantage of the fact you are a disabled senior, and misled you to keep you from filing suit, there is also the long-shot argument, which is public policy. It would be requesting the court to allow the suit, since letting a realtor take advantage of a disabled senior would not be just.
Courts usually consider this an argument of last resort, but it's an option.
Elizabeth
I hope this information was helpful.
Elizabeth
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