How long do I have to sue a real estate agent in California?

Generally two years. Civil Code section 2079.4 requires claims against a broker or agent for breach of the statutory duty to visually inspect and disclose to be filed within two years of possession or close of escrow, whichever comes first. Fraud-based claims run three years from discovery under Code of Civil Procedure section 338(d).

The deadline depends on the theory, and the shortest one is unusually short. A California buyer's claim that a broker breached the statutory duty of a reasonably competent and diligent visual inspection of residential property (Civil Code section 2079) must be filed within two years, measured from possession or close of escrow, whichever comes first (section 2079.4) — a clock that is not extended by late discovery, so it can expire before a hidden problem surfaces. Other theories carry other periods: intentional misrepresentation or concealment runs three years from discovery (Code of Civil Procedure section 338(d)), breach of a written agreement four years (section 337), and breach of fiduciary duty by the client's own agent is generally analyzed under longer periods than the section 2079.4 claim. A separate, non-monetary track exists through the Department of Real Estate, which licenses and disciplines agents. Preserve the purchase file, disclosures, inspection reports, and agent communications early — they are the case.

Authority: Cal. Civ. Code § 2079.4