Blog Archives

3 Opciones Cuando un Vendedor de Casa Quiere Salir de Contrato

No hay nada mas frustrante que comenzar el proceso de comprar una casa, o propiedad, y que le vendedor de la propiedad atente a salir de el contrato después que escrow haya abierto. A este tiempo, el comprador ya ha gastado su tiempo en buscar el hogar perfecto, ha presentando varias ofertas, y ha pasado tiempo negociando los términos del contrato que pensaban estaba finalizado. Si un vendedor de casa atenta de salirse del contrato sin ninguna base valida por haberlo hecho, y después que escrow haya comenzado, el comprador tiene estas tres opciones: Demandar que el vendedor cumpla con los términos del contrato. En California, muchos contratos de compra y venta residenciales son redactados usando la forma de la Asociación de Agentes de Bienes Raíces de California.

Posted in Purchase and Sale, Real Estate Attorney Los Angeles, Specific Performance

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

What is a Lis Pendens?

  Lis pendens is latin for “suit pending”.   It is also often referred to as a Notice of Pendency of Action.   It is a notice recorded with the County Recorder’s Office in the county where the property is located that puts the world on notice, through its recording, that there is a lawsuit currently pending that concerns title or possession to the real property. When properly recorded, a lis pendens imparts constructive notice to subsequent purchasers, transferees and encumbrancers that an action is pending which affects the real property described in the notice.  California Code of Civil Procedure Section 405.24.  We typically see lis pendens recorded in several types of cases, including:  quiet title, specific performance, easement cases, partition, adverse possession, wrongful eviction

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Posted in Lien On Property, Lis Pendens, Litigation, Partition, Purchase and Sale, Quiet Title, Real Estate Attorney Los Angeles, Specific Performance

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

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Posted in Purchase and Sale, Specific Performance

Monetary Damages as Part of a Specific Performance Claim

When the buyer is awarded specific performance of a purchase and sale agreement, the buyer is entitled to be restored to the position it would have been in had the contract been fully performed in a timely manner. Accordingly, a buyer who obtains specific performance is entitled to an accounting to determine the amount of the monetary award accompanying the specific performance decree.  This provision in the law is particularly applicable to buyer of rental properties who is entitled to the rents collected during the time that seller’s performance was previously due but not done. The accounting that accompanies a specific performance case does not just take into account the income that the buyer would have received it also must take into account the seller’s expenses

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Posted in Purchase and Sale, Specific Performance

Specific Performance Against Third Parties

Whenever we are presented with a new specific performance case on behalf of a buyer we always recommend that we immediately file a lawsuit so that we can record a lis pendens and help prevent the sale of the property to a third party without our buyer client’s knowledge. Sometimes, however, there are situations where the seller has already sold the property out from under the buyer without the buyer’s knowledge. In those circumstances, the question becomes whether the buyer has the right to enforce the purchase and sale contract and seek the property from the new buyer. In other words, what are the buyer’s rights when the seller conveys property to a third party? The answer is – it depends on the status of

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Posted in Lis Pendens, Purchase and Sale, Specific Performance

Schorr Law Successfully Defeats $2.775 Million Specific Performance Claim

Schorr Law is pleased to announce that it successfully defeated a buyer’s $2.775 million specific performance claim arising out of a purchase and sale dispute concerning a 9 unit apartment building in Redondo Beach.  Our real estate attorneys were able to deliver this win via a motion for summary judgment.  The ruling is just another in a series of recent wins for our clients. For more information on your specific performance claim, contact lead Los Angeles based real estate attorney Zachary Schorr via the contact us box, by email at info@schorr-law.com or at 310-954-1877. Zach SchorrMore Posts – Website Follow Me:

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Posted in Purchase and Sale, Specific Performance, Wins

Specific Performance of Real Property

Individuals and entities enter into a variety of transactions for the purchase and sale of goods. Unfortunately, these transactions are not always successful. In that case the parties involved have several remedies available to them under two broad categories—monetary damages and equitable relief. In cases of failed transactions where one party has breached duties under the contract, the non-breaching party may seek “specific performance” as an equitable remedy. To qualify for this type of remedy, the party seeking specific performance must show, among other factors, that a remedy at law would be inadequate. In other words, the party must demonstrate that no reasonable amount of money will rectify the other party’s breach under the contract. So, another form of remedy is necessary. This usually comes

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Posted in Commercial Real Estate, Litigation, Purchase and Sale, Residential Real Estate, Specific Performance

3 Options For A Buyer When A Seller Backs Out of Escrow

Little is more frustrating for a buyer than having a seller of real property attempt to back out of a purchase and sale agreement after escrow has opened.  Typically, the buyer has spent hours searching for the perfect property, submitting multiple offers and time negotiating the terms of the purchase agreement that they had thought was finalized.  If the seller attempts to back out once escrow has commenced, without a valid basis for doing so, then the buyer has at least 3 options: 1.  Demand the seller comply with the terms of the contract.  In California, most residential purchase and sale agreements are drafted using the California Association of Realtor’s form.  This form usually requires that the buyer and seller participate in pre-lawsuit or pre-arbitration

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Posted in Purchase and Sale, Real Estate Attorney Los Angeles, Specific Performance

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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