How long do I have to sue a seller who hid a problem with the house I bought in California?
Based on an interview with Josué Cristóbal Guerrero, Founding Partner, recorded .
The short answer
It depends on the claim, and a seller nondisclosure case has more than one possible deadline. Generally it is four years for breach of a written contract and three years from discovery for fraud, and a failure-to-disclose claim can be as short as two years. Which deadline applies, and the date it starts running, turn on the facts, so treat the shortest as your deadline until a lawyer says otherwise.
Three different clocks
A purchase agreement is a written contract, and a claim for breaching it generally has four years.
If the seller actually hid something, that is fraud, and the three years generally run from when you discovered it, or reasonably should have.
If the seller simply failed to make a disclosure California requires, without proof they meant to deceive you, some claims may carry two years and others three. Treat two as your deadline. A claim against a real estate agent for failing to inspect has its own two-year cap, running from the earliest of recording, close of escrow or occupancy.
What to do about it
Which statute applies and when it began to run is highly fact sensitive. Speak with an attorney about which one might apply and what you can do to protect your rights.
- Code of Civil Procedure section 337. Four years for an action on a written contract.
- Code of Civil Procedure section 338. Three years for fraud, running from discovery of the facts.
- Code of Civil Procedure section 339. Two years for an obligation or liability not founded on a written instrument.
- Civil Code section 2079.4. An action for breach of an agent's inspection duty must be brought within two years of possession, defined as recording, close of escrow or occupancy, whichever is first.
This answer is general information about California law and is not legal advice for any specific situation. Deadlines and exceptions turn on your facts. Code sections were checked against California Legislative Information on November 4, 2026.
Call (800) 997-8008Tell us about the property.
Call our intake team. If your matter fits, we schedule a free 30-minute consultation with an attorney. Document review starts after you retain us.
Call (800) 997-8008