[CA] [CA] I was defrauded by my realtor who held no inspection. What can I do?

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?

Lexi, Chatbot

Can you provide more details about when the incident occurred and if you have documentation related to the fraud and lack of inspection?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

Elizabeth

Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I’m here to help with your legal concerns.

Just to confirm — this happened in California, correct?

Elizabeth

In California, the statute of limitations for fraud is three years — but it starts running when the fraud is discovered or should have been discovered, not necessarily from the date of purchase. (CCP § 338(d))

However, there are possible ways to extend or “toll” that deadline.

1. Fraudulent Concealment

If your realtor or seller knowingly concealed major defects — such as the lack of inspection, hidden mold, or unsafe living conditions — this can pause (toll) the statute of limitations.

The clock restarts only once you discover or reasonably should have discovered the fraud.

So, if you only realized the full extent of the fraud or its effects on your health later (for example, discovering mold in 2023 or 2024), you may still have a viable claim.

2. Disability Tolling

Since you mentioned being a disabled senior, California law may allow for tolling due to incapacity if your disability prevented you from protecting your legal rights within the normal timeframe.

This is recognized under California Code of Civil Procedure § 352(a) — which pauses the statute if a person is “of unsound mind” or otherwise incapacitated when the cause of action accrues. Courts interpret this narrowly, but it can apply if your disability directly impacted your ability to file in time.

3. Public Policy / Equitable Tolling

Courts occasionally allow a claim to proceed beyond the time limit if it would be fundamentally unjust to bar it — especially where a vulnerable person (like a senior or disabled individual) was defrauded or exploited by a professional such as a licensed realtor.

This is a last-resort argument, but judges sometimes consider it when denying the claim would undermine public policy protecting consumers and seniors.

4. DRE Complaint Does Not Pause the Statute

Unfortunately, filing a complaint with the California Department of Real Estate (DRE) does not stop the statute of limitations clock. However, you can use the DRE’s findings or correspondence to support your civil fraud claim if you decide to file in court.

Next Steps

1. Gather all documentation — emails, disclosures, inspection records, the purchase contract, and correspondence with the DRE.
2. Get an updated inspection report or environmental test (especially for mold).
3. Ask your attorney about filing a fraudulent concealment claim or a professional negligence claim against the realtor.
4. Consider filing a civil complaint as soon as possible — even if the statute is close — and let the court decide the tolling issue.

Elizabeth

Does that all make sense? I know this is a lot, but in short — you may still have a path forward if you can show the concealment continued or you discovered the full extent of the fraud later.