Statute Limitations - Failure to Disclose?

[melomelo]

What is the name of your state? CA

Does anyone know if there is a statute of limitations in California regarding failure to disclose? I bought a condo in March 2004. Seller said the air conditioning was fine. Last summer, a/c did not work. I charged the condensing unit. This summer, a/c did not work. Upon inspection by repair service, there is a freon leak. I have since found out the previous owner knew of the leak (I have the documentation that he filed with the HOA). He never fixed, nor did he disclose. The estimate for replacing the a/c is $13K. I want to sue for failing to disclose.

[nextwife]

Originally Posted by melomelo

What is the name of your state? CA

Does anyone know if there is a statute of limitations in California regarding failure to disclose? I bought a condo in March 2004. Seller said the air conditioning was fine. Last summer, a/c did not work. I charged the condensing unit. This summer, a/c did not work. Upon inspection by repair service, there is a freon leak. I have since found out the previous owner knew of the leak (I have the documentation that he filed with the HOA). He never fixed, nor did he disclose. The estimate for replacing the a/c is $13K. I want to sue for failing to disclose.

13K? I replaced BOTH my furnace and AC forless than half that! And that's for 2600 sq foot free-standing home.

[melomelo]

Yup - $13! I will be double checking the estimate. The reason it's so expensive is that I'm a center unit townhome. There is no where to run the lines from the coil/fan to the condenser (from garage to patio). The a/c guy has to subcontract with a contractor and electrical to help hide the lines in my unit. THe fan/coil and the condenser are both dead after 4+ years of running without adequate fluid. So, the cost of the new lines and the a/c, furnace, coil, fan, etc., totals $13K. I am still recovering from the heart attack.

[John Se]

your ac guy has a boat payment due, and wants you to pick it up

[fairisfair]

Originally Posted by melomelo

Yup - $13! I will be double checking the estimate. The reason it's so expensive is that I'm a center unit townhome. There is no where to run the lines from the coil/fan to the condenser (from garage to patio). The a/c guy has to subcontract with a contractor and electrical to help hide the lines in my unit. THe fan/coil and the condenser are both dead after 4+ years of running without adequate fluid. So, the cost of the new lines and the a/c, furnace, coil, fan, etc., totals $13K. I am still recovering from the heart attack.

Definitely time for another estimate, apparently another unit is already installed, they should be able to use the lines and duct work existing. did you not have an home inspection at closing??

[panzertanker]

Originally Posted by melomelo

What is the name of your state? CA

Does anyone know if there is a statute of limitations in California regarding failure to disclose? I bought a condo in March 2004. Seller said the air conditioning was fine. Last summer, a/c did not work. I charged the condensing unit. This summer, a/c did not work. Upon inspection by repair service, there is a freon leak. I have since found out the previous owner knew of the leak (I have the documentation that he filed with the HOA). He never fixed, nor did he disclose. The estimate for replacing the a/c is $13K. I want to sue for failing to disclose.

You should obviously see an attorney, but I suspect you are out of luck:

Last year you had the condensing unit charged...indicating that the freon was going somewhere, yet you did not have it checked for leaks.

That is the one caveat to your non-disclosure. "How can he (you) prove he didn't put a hole in it?"

[divgradcurl]

Originally Posted by melomelo

What is the name of your state? CA

Does anyone know if there is a statute of limitations in California regarding failure to disclose? I bought a condo in March 2004. Seller said the air conditioning was fine. Last summer, a/c did not work. I charged the condensing unit. This summer, a/c did not work. Upon inspection by repair service, there is a freon leak. I have since found out the previous owner knew of the leak (I have the documentation that he filed with the HOA). He never fixed, nor did he disclose. The estimate for replacing the a/c is $13K. I want to sue for failing to disclose.

Most likely three years, Cal. Code Civ. Proc. 338. Maybe 4 years under CCP 343, I haven't looked up exactly under which staute this will fall under, but it's one or the other, and most likely 338.