Williams v. Wells & Bennett Realtors

Oscar and Linda Williams appeal from a judgment on the pleadings entered in favor of Wells & Bennett Realtors (Wells) and A1 Frankel in appellants’ action for breach of contract and fraud in connection with the purchase of a residence. The trial court determined that the two-year statute of limitations of Civil Code section 2079.4 barred all causes of action. We hold that the special statute of limitations does not apply to causes of action for intentional fraud, and we reverse.

Background

The allegations of appellants’ first amended complaint disclose the following facts. Appellants purchased a residence from Shirley Mims on or about April 20, 1990. A1 Frankel, of Wells, was the agent for the seller. At the time Mims authorized Wells to sell the property, there were a number of defects present on the property. Specifically, there was a defective retainer wall on the downhill side of the home, which caused occasional shifting of the earth supporting the concrete slab foundation. The affected portion of the foundation extended from the garage into the family room. Prior to appellants’ viewing of the house, Mims toured the property with Frankel and pointed out a large…