What are California's statute of limitations for real estate lawsuits?

Real Estate Lawsuit Statute of Limitations In California

Updated on December 27, 2024

When it comes to real estate disputes, time is of the essence. If you believe you have a claim, you may need to act quickly—or risk losing your right to file a lawsuit. This critical time limit is governed by the statute of limitations, a legal concept that sets a deadline for initiating legal proceedings. Understanding the statute of limitations for real estate disputes in California can make the difference between securing a resolution and watching your claim slip away.

What is a Statute of Limitations?

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.

Statute of Limitations for Different Types of Real Estate Disputes in California

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.

  1. Breach of a Written Contract (4 Years)

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.

  • Example: You purchased a home under contract, but the seller failed to disclose structural damage they were aware of. The breach happened when you discovered the damage, so the clock starts ticking from that moment.
  1. Breach of an Oral Contract (2 Years)

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.

  • Example: You verbally agreed to a rental agreement with a landlord who later denied your right to occupy the property. You would have two years from the violation to file suit.
  1. Fraud or Misrepresentation (3 Years)

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.

  • Example: A seller conceals mold issues during the sale of a home. You discover the problem a year after purchase. You now have two more years to file a fraud claim.
  1. Property Damage (3 Years)

For property damage, such as  contractor negligence, you have three years to file a lawsuit.

  • Example: A contractor damages your property and you need to bring a claim based on the property damages.
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5.  Specific Performance (4 Years)

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.

  • Example: You entered into a purchase agreement, but the seller backs out at the last minute. You can file for specific performance to compel the sale, but only within four years.

What is the Delayed Discovery?

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

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How Seriously Do Courts Take the Statute of Limitations?

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.

What Happens if You Wait Too Long to Pursue a Lawsuit?

Waiting too long to address a real estate issue can have serious consequences:

  • Loss of Legal Rights: Missing the deadline means you forfeit your right to sue, even if your claim is valid.
  • Financial Loss: Unresolved disputes can lead to further damages, such as declining property values, repair costs, or ongoing conflicts.
  • Stress and Uncertainty: Real estate disputes can be emotionally taxing. Delaying action prolongs stress and uncertainty, making resolution even harder to achieve.
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Are You Sitting on a Real Estate Issue? Don’t Wait!

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.

How Schorr Law Can Help

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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