Non-Disclosure Attorney Los Angeles
What is a non-disclosure dispute?
When a seller or real estate investor fails to disclose a known material defect in a property, whether intentionally or negligently, a buyer may be entitled to legal remedies under California real estate disclosure laws, including potential claims for fraud, misrepresentation, or breach of contract.
A non‑disclosure dispute arises when material defects or adverse conditions in a real estate property are omitted or concealed by the property seller, real estate broker, or listing agent during a sale or lease.
This can include claims of intentional misrepresentation, negligent misrepresentation, constructive fraud, breach of contract, or breach of fiduciary duty under California Civil Code §§ 1102–1102.17, with liability potentially falling on any party involved in the transaction — including the seller, the seller’s real estate agent, and the broker.
How do material defects trigger real estate non‑disclosure claims?
If a property buyer discovers a latent defect, such as persistent leaks, mold, unpermitted work or structural instability, that the property seller knew about but failed to disclose, the buyer may seek monetary damages or to cancel the transaction.
However, if the defect was properly disclosed with sufficient time for the buyer to back out of the deal, then the law may protect the seller from liability – but it all depends on the circumstances.
What are the time limits for filing a real estate non‑disclosure claim in california?
California imposes strict statutes of limitations on real property non‑disclosure claims, typically ranging between two to four years, depending on the nature of the claim and the defendant. Acting promptly is essential to preserve your legal rights.
Of course, the delayed discovery rule applies to the late discovery of material defects (at least with respect to the seller). The agent’s liability may be strictly limited to a 2 year period from the close of escrow.
Notably, for claims against a real estate broker or salesperson, California law imposes a two-year deadline from the date of possession, recording, close of escrow, or occupancy, whichever occurs first, under Civil Code § 2079.4. This deadline applies regardless of when the issue is discovered. There is an exception to the 2 year strict statute of limitations rule for actual fraud. During our initial consultation we can begin to explore the statute of limitations with you and discuss its role in your case, if any.
What types of damages can you recover in a real estate non‑disclosure case?
You may be entitled to:
Difference between what you paid vs what you should have paid (with full disclosure)
Cost to repair or remedy the defect
Reduced value of the property
Possibly punitive damages (in cases of intentional fraud)
Costs and attorney’s fees if contract or law allows
What are some notable results in real property non disclosure cases?
At Schorr Law, our real estate attorneys have successfully handled complex non disclosure disputes involving commercial real estate, investment properties, and high value transactions throughout California. Below are selected examples of successful outcomes we’ve achieved on behalf of our clients in both residential and commercial real estate transactions:
Arbitration Defense Victory: Non-Disclosure attorneys in Los Angeles at Schorr Law successfully defeated an arbitration claim in Los Angeles County by a plaintiff who alleged Schorr Law’s client failed to discuss a report concerning the stability of a cliff above the property the defendants sold to plaintiff. The arbitrator found a lack of reasonable reliance by the plaintiff.
Multi-Million Dollar Settlement – Dual Agency Violation: Schorr Law obtained a large settlement on behalf of its client in a dual agency situation where the seller and the dual agent failed to disclose impermissible rentals, unpermitted conditions and various defects on a multi-million dollar transaction located in San Luis Obispo County, California involving a Williamson Act Property.
Neighborhood Safety Non Disclosure: Schorr Law successfully prevented a claim by a buyer who claimed Schorr Law’s client had failed to disclose an armed robbery in the property at issue.
Noise Disturbance Claims Dismissed: Schorr Law successfully prevented a claim by a buyer who claimed Schorr Law’s client had failed to disclose noise problems in the neighborhood prior to the buyer’s purchase.
Commercial Property Resolution: Schorr Law resolved a multi-party multi-million dollar non-disclosure matter involving both a commercial leasing dispute and the sale of a commercial property for less than 10% of the demand.
Termite Damage Non‑Disclosure: Schorr Law obtained a settlement on behalf of its client in Los Angeles County in a non-disclosure case involving undisclosed termite damage.
Unpermitted Unit Non Disclosure: Schorr law obtained a large settlement on behalf of a buyer who purchased a multi-unit apartment building in Los Angeles where the seller failed to disclose that it had created an additional unit at the premises without the necessary permits.
Aircraft Non Disclosure Jury Win: In a non-disclosure type matter, Schorr Law obtained an unanimous jury verdict in Schorr Law’s client’s favor in a case involving non-disclosure of alleged defects in connection with the sale of an airplane.
Property Instability Rescission: Schorr Law helped a buyer obtain a rescission on his purchase of a very expensive property in Silverlake where the seller failed to disclose the instability of a cliff above the subject property.
Think you’ve been misled by a seller? Contact a non‑disclosure attorney in Los Angeles
If you think you’ve been misled by an undisclosed defect, or if you believe the seller, broker, or agent failed in their legal obligations, don’t delay. Early action preserves your rights.
Whether you’re considering rescission of the purchase, filing for fraudulent non-disclosure, or seeking real estate damages, our experienced non-disclosure attorneys in Los Angeles are ready to help.
Give us a call at (310) 954‑1877 or info@schorr-law.com
We are here to help!
Frequently Asked Questions About Real Estate Non‑Disclosure in California
Q1: What counts as a “material defect” in California real estate?
A: A defect is “material” if a reasonable buyer would consider it important to the decision to buy or pay less. It’s not just cosmetic. Foundation issues, water damage, structural problems, pest infestation, or unpermitted work often are material.
Q2: Do I still have a claim if I bought the property "as is"?
A: Yes.. “As‑is” clauses can limit the seller’s obligation to repair. But, this has nothing to do with non-dsclosure. A buyer agrees to buy “as is” but that does not permit the seller to lie about the condition of the property.
Q3: How long do I have to file a non-disclosure lawsuit in California?
A: It depends on the cause of action: misrepresentation, contract breach, fraud, etc. Often 2 to 3 years after discovering the defect. Acting quickly matters.
Q4: Who can be held liable for failure to disclose property defects?
A: Yes. Sellers, agents, brokers (including dual agents) all have disclosure duties. If they failed to disclose, misrepresented, or concealed a defect, they may be liable under different legal theories.
Q5: What proof do I need for a non disclosure claim?
You’ll need:
- Evidence of the defect (photos, inspections, reports)
- Proof the seller or agent knew (emails, prior repair invoices)
- Documentation of your reliance on their representations
- Evidence of harm (repair costs, decreased market value, etc.)
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