Updated on October 27, 2025

Non-disclosure in Beverly Hills real estate is a serious issue under California law. Sellers are legally required to disclose certain information about a residential or commercial property before a sale. This ensures buyers can make informed decisions and protects the integrity of real estate transactions. Non-disclosure — failing to provide required information — can lead to costly civil litigation, contract disputes and litigation.  At Schorr Law, we have extensive experience handling non-disclosure disputes involving title defects, material defects, and misrepresentation under California law.

In a market like Beverly Hills, where property values are among the highest in the nation, non-disclosure issues can be especially significant. Luxury homes often have unique features, complex zoning regulations, or intricate property histories that make seller disclosure obligations both essential and nuanced. For buyers and sellers in Beverly Hills, understanding non-disclosure is critical to protecting ownership rights, ensuring clear title, and avoiding real estate litigation.

Key Takeaways

• Disclosure is legally required under California Civil Code §1102 and common law for all material facts affecting property value or desirability.
• Non-disclosure can lead to serious legal consequences including contract rescission, fraud claims, and substantial financial liability.
• Common disclosure issues in Beverly Hills include property defects, zoning restrictions, easements, HOA rules, and neighborhood nuisances.
• Buyers should perform due diligence through inspections and legal review of disclosure forms to avoid costly disputes.
• Sellers must fully disclose known issues—even if not explicitly asked—and document all repairs, prior claims, or relevant property history.
• Consulting a real estate attorney can help prevent or resolve non-disclosure disputes before they escalate to litigation.

What Are Common Types of Non-Disclosure in Beverly Hills Real Estate?

---

Non-disclosure issues can arise in many ways, particularly in the context of California real estate disclosure law. Common examples in Beverly Hills real estate transactions include:

• Property defects: Sellers must disclose known defects such as latent defects, structural damage, water intrusion, or pest infestations. In luxury properties, even subtle issues —like deferred maintenance or previous repairs— can have a major impact on market value.

• Zoning or easement restrictions: Beverly Hills properties often have complex zoning histories or easement rights that affect property use. Failure to disclose such restrictions may violate local land use regulations and lead to real estate litigation.

• Outstanding liens or encumbrances: Sellers must disclose unpaid liens or encumbrances against the property that could affect title ownership or hinder title insurance issuance.

• Homeowners Association (HOA) rules: HOA restrictions, assessments, or ongoing disputes must be disclosed prior to sale. This is especially critical in Beverly Hills neighborhoods governed by planned developments or gated communities.

• Neighborhood Nuisance:  Think about all those tourists on your street taking selfies – is that something that needs to be disclosed?  Excessive noise for tourbuses, events, etc.  There are a whole host of issues that a seller may need to disclose.

Read how a cloud on title can impact a real estate transaction.

What Are the Legal Disclosure Obligations in Beverly Hills Real Estate Transactions?

---

Under California Civil Code §1102, sellers must complete a Transfer Disclosure Statement (TDS) outlining all known material facts, including physical defects, code violations, and hazardous conditions that could influence the property’s marketability or the buyer’s decision.

In addition to statutory real estate disclosures, sellers have a common law duty to disclose any fact that materially affects the value or desirability of the property — even if not specifically asked. This includes non-visible issues, such as past water damage, foundation settling, or prior insurance claims that may indicate recurring problems.

Buyers must also perform due diligence through inspections, but the seller holds the primary legal duty to provide honest and complete disclosures. Failure to do so can result in claims for fraudulent concealment, negligent misrepresentation, or rescission of the purchase agreement.

What Are the Legal Consequences of Non-Disclosure in Beverly Hills Real Estate?

---

Failing to disclose required information in a real estate transaction can lead to serious legal consequences under California real estate law, including:

• Breach of contract claims — Buyers may rescind the sale or seek damages if material information was withheld.

• Fraud claims — Deliberate concealment of defects or encumbrances can lead to fraud charges.

• Rescission of sale or damages — Courts may reverse the sale or award compensation to the buyer including diminished property value, repair costs, or punitive damages in cases involving willful misconduct.

For Beverly Hills properties, the stakes are high — both financially and legally — making disclosure issues more critical than ever. Disputes involving dual agency, undisclosed easements, or previous property defects can escalate quickly, making it essential to fully comply with disclosure obligations.

Why Does Beverly Hills Real Estate Require Greater Disclosure Vigilance?

---

Real estate transactions in Beverly Hills, California require heightened attention to disclosure due to several unique regional and legal factors:

• Higher property values — With luxury properties, even minor undisclosed issues —such as foundation settling, mechanical system failures, or zoning violations— can result in substantial market value depreciation or litigation costs.

• Unique property types — Properties in Beverly Hills often include Historic estates, custom-built homes, and multi-use properties often have complex legal histories. These may involve recorded covenants, historic preservation restrictions or nonconforming use statuses that require clear and accurate disclosure under California Civil Code §1102 and local ordinances.

• Complex transactions — Multiple parties, investors, and intricate title histories increase the need for full disclosure.

How Can You Protect Yourself from Non-Disclosure Disputes in Beverly Hills?

---

Whether you’re a buyer or seller in Beverly Hills real estate transactions, you can minimize the risk of future non-disclosure litigation by taking the following steps:

• Conducting comprehensive inspections before purchase. Hire qualified professionals to inspect for structural integrity, water intrusion, code violations, or unpermitted work, especially in luxury or historic properties.

• Working with an experienced real estate attorney to review disclosure forms.

• Carefully reviewing property records for liens, easements, or zoning issues.

• If you are the seller, you may want to sit down and review records of any problems you have had with your home to make sure you give a full and complete disclosure in accordance with both statutory and common law duties.

By being proactive, parties can significantly reduce exposure to fraud claims, rescission actions, or civil penalties resulting from material omissions.

Learn more about the top 5 things to disclose when selling a property to avoid unexpected legal issues.

FAQs About Non-Disclosure Cases in California Real Estate

---

Q: What is non-disclosure in real estate transactions?
A: Non-disclosure occurs when a seller or seller’s agent fails to reveal important information about a property that could influence a buyer’s purchasing decision.

Q: What are a seller’s disclosure obligations in California?
A: California requires sellers to complete a Transfer Disclosure Statement (TDS) detailing known property defects, zoning issues, liens, and other material information.  The requirement for statutory disclosures are set forth in Civil Code section 1102, et seq.

Q: How can a buyer protect themselves from real estate non-disclosure?
A: Buyers should conduct inspections, review disclosures carefully, and work with legal counsel to ensure all material issues are addressed. Also, be aware of California’s statute of limitations for real estate lawsuits which may limit how long you have to act on a non-disclosure claim.

Q: What legal remedies are available if a non-disclosure occurs?
A: Remedies can include contract rescission, monetary damages, or pursuing fraud claims in court.

Contact Schorr Law – Beverly Hills Real Estate Non-Disclosure Attorneys

---

Non-disclosure disputes in Beverly Hills real estate transactions require specialized expertise. At Schorr Law, our team of experienced real estate litigation attorneys help buyers and sellers navigate disclosure obligations, protect their rights, and resolve disputes efficiently. If you are involved in a real estate transaction or dispute in Beverly Hills, contact Schorr Law today to schedule a consultation.

Los Angeles, California
📍 Serving Beverly Hills & Greater Los Angeles
📞 Phone: (866) 787 9384
✉️ Email: info@schorr-law.com

Schedule a Consultation

If you’re involved in a non-disclosure dispute and need the help of a Non-Disclosure Agreement Attorney in Los Angeles to protect your real estate interests, we are here to help. Schedule a consultation here

Find Us on Google Maps