Real Estate Law
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In California, Code of Civil Procedure section 338(d) sets the time limit at three years from the discovery of the facts constituting the fraud. Case law further limits this to "three years from the date the facts were discovered, or through reasonable diligence ought to have been discovered." Deliberate concealment of the facts by the defendant may postpone the date.
SO my question is, when did you discovery facts that constituted the fraud? Has it been witin the 3 years or was it at the time of purchase?
the unfortunately the statute of limitations has passed on your case. If you discovered it in 2005, you have 3 years from the date of discovery of facts constituting fraud.
My best advice would be to find a local attorney who could look deeper into your case. Without knowing more, it appears that your Statute of Limitations has passed because it is not within the three years since you discovered the facts that constituted fraud.
I am sorry if this is not the advice you were looking for. As always, seeking a local attorney may provide different results pending more information. Are there any further questions i can answer for you at this time?
Is there anything further i can do to assist you today?