Buyer’s Remedy—Specific Performance

When a seller breaches his obligation to convey the property to a buyer, the buyer may seek the equitable remedy of specific performance. Note, that a buyer cannot receive damages for both breach of contract and specific performance because awarding a buyer this would amount to double recovery.

Specific performance of a purchase agreement may be decreed when:

(1) its terms are sufficiently definite;

(2) consideration is adequate;

(3) there is substantial similarity of the requested performance to the contractual terms;

(4) there is mutuality of remedies; and

(5) plaintiff’s legal remedy is inadequate

(Blackburn v. Charnley (2004) 117 Cal.App.4th 758, 766.)

 In addition, under Civ. Code  § 3388, “a party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter who has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance.” In other words, it is not mandatory that the buyer executed the contract. As long as the seller signed the contract, and the buyer has performed or tendered performance in compliance with the purchase and sale agreement, the buyer can seek a specific performance as a remedy.
Typically, even if the purchase and sale agreement contains a liquidated damages clause, a buyer may still seek specific performance. (See Civ. Code  § 3389.) However, if the contract specifically makes the liquidated damages amount the sole remedy, specific performance is not an available remedy for the buyer.

If you believe that you may have a claim for specific performance regarding a purchase and sale agreement, feel free to contact Schorr Law, APC by calling us at (310) 954-1877, email info@schorr-law.com or fill out the contact box on the side of the page.

Click on the categories below to read other related blog posts.

Share Button
Tagged with: , , , , , , , , ,
Posted in Purchase and Sale, Specific Performance

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

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

Contact Schorr Law

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.

Need Representation?

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.

AVVO 10.0

Zachary Schorr Avvo Rating

Avvo Clients’ Choice Award Recipient

Zachary Schorr Avvo Client's Choice Award