I believe that there is a possibility that the statute has not run on a Breach of Contract
claim based on Fraud as you were presumably not aware of the fraud initially.
In MA you have 6 years after the accrual of a cause of action to file a Breach of Contract suit. Where a cause of action for breach of contract cannot be discovered because it is based on an “inherently unknowable" wrong, the limitations period does not accrue until the injured party knows or should know the facts giving rise to that cause of action (Int'l Mobiles Corp. v. Corroon & Black/Fairfield & Ellis, Inc., 560 N.E.2d 122, 126 (Mass. App. 1990)).
Alternatively, if you were to sue for straight fraud, there would be a 3 year statute of limitations
. Again though, the limitations period accrues when you first learned, or reasonably should have learned, of the misrepresentation by your brother. (McEneaney, 650 N.E.2d at 97).
Because there can always be a triable issue as to when you learned or should have learned of the fraud, you should consult with a local business law/contract
law attorney in your area at your earliest opportunity as you may have only a short time to get a lawsuit filed.
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