What are the statue of limitations for a seller disclosure on a house purchased 6 years ago?

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What are the statue of limitations for a seller disclosure on a house purchased 6 years ago?

We purchased our houe 6 years ago and the sellers disclosure was that they had no knowledge of flooding. We have flooded 4 times since we moved into the house and 3 times this year. When we asked our neighbors, they advised that the previous owners had flooded 2 or 3 times while they lived there. One neighbor advised that the house has flooded 10 times or more since they moved in 40 years ago. What is the statue of limitations to go after the previous owners and what information would we need to prove the previous owners had knowledge of the flooding.

Asked on July 26, 2011 Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states, the statute of limitations for breach of contract is 4 years, negligence 2 years and fraud/concealment 3 years. However, some states have a delayed discovery rule for fraud where the 3 years statute of limitations does not start running until the damaged person knows about the concealed problem or was aware of facts putting a reasonable person on knowledge of the damages and possible fraud/concealment.

Potentially, even though sale closed 6 years ago and the seller's disclosure mentioned nothing about prior flooding, you might not be barred by the fraud/concealment delayed discovery rule if applicable in your state.

You should consult with a real estate attorney on your home about your legal options.

Good luck.

 


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