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

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

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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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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