Updated on December 27, 2024
The statute of limitations is the period within which a plaintiff must file a lawsuit. If a lawsuit is filed after this deadline, the court will almost always dismiss the case, no matter how valid the claim might be. Statutes of limitations vary depending on the type of dispute or legal claim. For real estate matters, different issues have different timeframes.
Let’s break down the most common types of real estate disputes and the associated statutes of limitations. These examples demonstrate how strict California courts are with these deadlines. Of course, each case must be analyzed on its own and the statute of limitations is not always as clear as we are summarizing below.
If someone breaches a written real estate contract—such as a purchase agreement, lease, or construction contract—you have four years from the date the breach occurred to file a lawsuit.
For oral real estate agreements, the statute of limitations is much shorter: two years. Because oral contracts are harder to prove, it’s important to act quickly and gather evidence.
If a party intentionally misrepresents facts during a real estate transaction, you have three years to bring a fraud claim. The clock starts when the fraud is discovered, not necessarily when the transaction occurred.
For property damage, such as contractor negligence, you have three years to file a lawsuit.
When a party refuses to fulfill their obligations under a real estate contract (e.g., transferring title), you have four years to seek specific performance in court.
The delayed discovery rule in the context of the statute of limitations allows the clock for filing a lawsuit to begin when the plaintiff knew or reasonably should have known about the injury or harm and its cause, rather than when the injury or harm actually occurred. This rule is often applied in cases where the harm is not immediately apparent, such as real estate fraud. It provides plaintiffs with an opportunity to seek redress even if the standard statute of limitations period has technically elapsed, as long as they act within a reasonable time after discovering the issue
California courts take the statute of limitations very seriously. If you miss the deadline, you will almost certainly lose your case. Courts rarely make exceptions, no matter how legitimate your claim may be.
The courts enforce these time limits to ensure fairness and to prevent indefinite legal exposure for defendants. Allowing claims to linger indefinitely could result in lost evidence, faded memories, or unavailable witnesses, all of which make it harder to reach a fair resolution.
Waiting too long to address a real estate issue can have serious consequences:
If you’re dealing with a real estate problem—whether it’s a breach of contract, property damage, or a title dispute—time is critical. The longer you wait, the harder it becomes to protect your rights and pursue justice. Don’t let deadlines pass you by.
At Schorr Law, we specialize in real estate disputes, and we’re here to help you navigate these complex legal issues. Our experienced real estate attorneys will assess your situation, determine the relevant statute of limitations, and take swift action to protect your interests.
Don’t wait until it’s too late! If you’re unsure about your legal options, call us today at (310) 954-1877 or fill out our contact form here. Our team at Schorr Law is ready to provide the expert guidance you need to resolve your real estate dispute efficiently and effectively.
Time is running—take the first step toward protecting your rights today!
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