Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS / TITLE 6. SERVICE / CHAPTER 3. Service Without Employment / ARTICLE 2. Duty to Prospective Purchaser of Real Property
California Codes

Cal. Civil Code § 2079.4 (2026)

Duty to Prospective Purchaser of Real Property

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In no event shall the time for commencement of legal action for breach of duty imposed by this article exceed two years from the date of possession, which means the date of recordation, the date of close of escrow, or the date of occupancy, whichever occurs first.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1994–2022 · leading case: West v. Superior Court, 27 Cal. App. 4th 1625 (Cal. Ct. App. 1994).
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West v. Superior Court, 27 Cal. App. 4th 1625 (Cal. Ct. App. 1994). · cites it 2× “The Wests seek a writ of mandate after the court granted a motion for determination of good faith settlement and dismissed their cross-complaint for comparative indemnity and implied contractual indemnity.”
Swartz v. Coldwell Bankers, No. D062324 (Cal. Ct. App. Nov. 15, 2013). · cites it 2× “) The issue on appeal in Field was whether the two-year statute of limitations established by Civil Code section 2079.4 applied to claims for a breach of fiduciary duty brought against real estate brokers by purchasers whom they exclusively represented.”
Barnett v. Garrigan, No. 3:20-cv-02585 (N.D. Cal. June 24, 2022). “” Cal. Civ. Code § 2079.4 . The defendants argue that some of the plaintiffs’ claims are time barred because the case was not filed within this two-year window.”
Brooks v. Tarsadia Hotels, No. 3:18-cv-02290 (S.D. Cal. Dec. 5, 2019). “See Cal. Civ. Code § 2079.4 17 (two-year bar “from the date of possession, which means the date of recordation, the date 18 of close of escrow, or the date of occupancy, whichever comes first.”
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