Blog Archives

Material Facts Unknown to the Buyer/ Tenant

Recently, a non-disclosure case involving eminent domain was decided in favor of the landlord and its real estate agents (collectively the “Defendants”). Somehow the court gave Defendants a pass for not disclosing the government’s intentions of condemning a portion of the subject property to the entering tenants.  Nevertheless, it is always best for owners and agents to disclose all material facts not known by the other party in connection with the purchase and sale of residential or commercial real property, or a long-term commercial lease. Normally, an impending eminent domain proceeding is a material fact that landlords must disclose to potential tenants. Indeed, it is well-settled law in California that a property owner is under a duty to disclose material facts affecting the value or desirability

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Posted in Non-Disclosure

Zachary Schorr Chosen as Winner of the 2017 Corporate Intl Global Award

We are pleased to announce that Corporate INTL has notified Schorr Law that our Lead Attorney Zachary Schorr has been chosen as the winner of the 2017 Corporate Intl Magazine Global Award: ‘Real Estate Litigation Lawyer of the Year in California’. This is the second year in a row that Mr. Schorr has received this honor.  The Corporate INTL awards are given to attorneys who have been successful for the past year and have shown excellence in both expertise and service. Mr. Schorr is happy to receive this award, and is honored to be recognized as such. Thank you Corporate Intl! Our top rated and awarded attorneys can help you with various real estate matters, including but not limited to: purchase and sale disputes (non-disclosure, escrow deposit disputes, contracts, specific

Posted in Escrow Deposit Disputes, Litigation, Non-Disclosure, Ownership, Partition, Purchase and Sale, Quiet Title, Real Estate Attorney, Real Estate Attorney Los Angeles, Specific Performance, Wins

C.A.R Purchase and Sale Dispute Resolution

At Schorr Law our real estate attorneys frequently litigate disputes that arise out of the use of the California Association of Realtor (“CAR”) forms for residential and income producing property.  In general, we find the forms are clear and well written. Most CAR forms follow the same dispute resolution process.  The steps are set forth in the diagram above and in word form below. This diagram can be used for Breach of Lease Term, Specific Performance, Non – Disclosures, and Escrow Deposit Disputes as well. First, the party making a demand must make a demand for mediation in order to preserve their right to recover their attorneys’ fees as provided to the winner in a dispute arising out of the CAR forms.  Should the party

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Posted in Arbitration, Contracts/ Agreements, Escrow Deposit Disputes, Non-Disclosure, Purchase and Sale, Purchase and Sale Contracts, Real Estate Attorney Los Angeles, Specific Performance

Are Sellers Required to Disclose That Their Property May be Haunted?

Are Sellers required to disclose that their property is haunted?  With Halloween approaching we have seen a lot of requests from the national media about whether sellers and agents have to disclose if a house is haunted.  This is a fun topic and gives us an opportunity to talk about disclosure obligations.   Moreover, it allows us to focus on the burden of proof. The closest area of the law we can draw upon for this topic is the seller’s obligation to disclose a death on the property if it occurred within three years prior to the sale.  Specifically, under California Civil Code section 1710.2 (a), a seller of real property is only required to disclose of an occupant’s death if the death occurred in the

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Posted in Non-Disclosure, Purchase and Sale, Real Estate Attorney Los Angeles

The Anatomy of a Non-Disclosure Case – Reliance

For real property non-disclosure cases the law is relatively clear.  Where a seller knows of material facts and such facts are not known to the buyer and are not known to or are within the diligent attention and observation of the buyer the seller is under a duty to disclose.  On the other hand, where the facts are within the reasonable observation of the buyer he has a duty to investigate, and his failure to do so obviates any claim he might have for non-disclosure.  Thus, the key issue in many disclosure cases is whether the buyer was entitled to rely on the seller’s non-disclosure or whether the buyer should have investigated and discovered the thing complained of on its own. Schorr Law won an arbitration on

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Posted in Non-Disclosure, Purchase and Sale

How to Avoid Real Estate Fraud: Suggestions for Buyers and Sellers

How to Avoid Real Estate Fraud: Suggestions for Buyers and Sellers Our Los Angeles Real Estate Lawyers have seen all sorts of real estate scams over the years that result in litigation.  Through experience dealing with real estate fraud and unscrupulous buyers and sellers we have a few tips to offer: Suggestions If You Are A Buyer Sellers engage in many types of scams.  One of the most basic types of scams is attempting to sell property that the seller does not own or that has undisclosed encumbrances or liens.  For a buyer, one of the most important things to examine during a purchase and sale transaction is the preliminary title report.  The title report gives a clear picture of recorded title and the type

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Posted in Lis Pendens, Non-Disclosure, Real Estate Fraud

Settling Adversary Complaints in Bankruptcy Court

Our Los Angeles real estate law firm handles a large number of cases each year. We routinely obtain judgments for our clients.  Sometimes, after we obtain a judgment, the judgement debtor declares bankruptcy while we are still trying to collect on our client’s judgment.  Luckily, certain types of debt are considered non-dischargeable debt.  A non-dischargeable debt is a type of debt that cannot be discharged through the bankruptcy court.  One type of non-dischargeable debt is for actions or a judgment based in fraud.  For example, a real estate non-disclosure action in which we obtain a judgment for fraud or intentional misrepresentation generally would be non-dischargeable debt.   Accordingly, if you have a judgment for fraud and the judgment debtor (the person who the judgment is

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Posted in Adversary Complaint, Judgment, Non-Dischargeable Debt, Non-Disclosure, Real Estate Attorney Los Angeles

Los Angeles Real Estate Attorney: Purchase and Sale Dispute

As a Los Angeles real estate attorney, one of the most common types of real estate disputes we see are purchase and sale disputes.   One of the first determinations we have to make is whether the non-disclosure issue is the result of fraud or negligence.  This is important because some types of negligence claims, like negligence claims against the listing agent, carry a shorter statute of limitations.   Often times, we are able to allege both fraud and negligence as alternative theories of liability but it is always important to try to determine the seller’s or the seller’s agent’s knowledge level before initiating an action against either of them. One way to to determine the seller’s and seller’s agent’s knowledge is to look at

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Posted in Non-Disclosure, Purchase and Sale

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Super Lawyers

Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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