What is the statute of limitations on legal actionregarding aresidential seller’s failure to disclose?

UPDATED: Aug 10, 2011

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What is the statute of limitations on legal actionregarding aresidential seller’s failure to disclose?

I recently uncovered some very disturbing information about a home that I purchased last year (12 months ago) that leads me to conclude that I need to take legal action. Is there a statue of limitations for this type of action, relative to sellers non-disclosure? 

Asked on August 10, 2011 Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An action for misrepresentations or actionable omissions in the context of a home sale would likely sound in either contracts (a breach of the contract; fraud in the  creation of the contract) or in fraud more generally. In Texas, the statute of limitations for both appears to be the same: four years.  Therefore, you should still be well within the statute of limitations to bring an action. That said, there is no reason to wait or delay if you think you have a cause of action: you should consult with an attorney right away (probably a real estate attorney), bringing with you copies of all disclosures, correspondence, advertising or marketing materials, the home sale contract, etc. for the lawyer to review with you. Good luck.


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