Saturday, April 25, 2015

When does the clock start ticking on the statute of limitations regarding attorney collusion and fraud? My buyer's attorney (who is my neigh...

Question

When does the clock start ticking on the statute of limitations regarding attorney collusion and fraud? My buyer's attorney (who is my neighbor) in my real estate deal colluded with the seller to conceal a defect in the property I was purchasing. Ten years later, when our relationship as neighbors turned unfriendly, he revealed this defect (which causes an illegal occupation of common element space in my building) to me--and our Board of Managers. It is now causing me significant financial losses.

When can I consider the injury to have happened? When he originally defrauded me or when he violated attorney-client confidentiality?



Answer

Fraud is a special case. The statute of limitations is 6 years from the date the fraud was committed OR one year from the date you discover the fraud. Whether to turn the attorney-client relationship into part of the case is something I can't discern without meeting with you (ad maybe the Condo Board) which I am quite prepared to do if you are serious about suing this sweetheart. Remind your "neighbor" that there is no statute of limitations on attorney misconduct that can produce a disbarment



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