What is the statute of limitations on disclosure for a real estate purchase?
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What is the statute of limitations on disclosure for a real estate purchase?
My wife and I bought our house 2.5 years ago. In spring we had to have part of bathroom floor replaced due to a previous leak. We contacted the seller and she remembered the repair of toilet but would not pay for repairs of floor. During that repair the plumber found crawl space had 30″ of water in it and I had to pump it out. No apparent damage but Ifound a sump already in place on the far end of house and neighbors confirmed it being pumped out each spring. Now have water damage to floor in master bathroom from previous repair. None of this was not disclosed.
Asked on February 28, 2012 under Real Estate Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The failure to disclose should sound in contract, since it is failure to provide all the disclosures required by a written contract. In that case, the statute of limitations should be 6 years in Utah. However, if you believe that you have a claim, do not wait to go to an attorney--speak with one now. That way, even if under the precise circumstances of your situation, it turns out that the more appropriate SOL is that for fraud, which is only 3 years in UT, you'd still be able bring a lawsuit.
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