Archambault v. Ogier

Plaintiffs purchased real property from defendants. Nearly six years later, when plaintiffs discovered what they believed to be a variety of defects in the physical condition of the premises, they initiated this action for “breach of contract,” alleging that defendants had failed to deliver the property in the condition described in an earnest money agreement and in a disclosure statement. Defendants moved for summary judgment on the ground that the action is time-barred. According to defendants, the action actually is one for misrepresentation, which is subject to a two-year statute of…