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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

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

Recovering Attorneys’ Fees in a California Lawsuit

Anytime a person or individual is faced with a lawsuit or contemplating filing a lawsuit they should always be thinking about attorneys’ fees.  Attorneys’ fees are important because they are generally the cost of participating in the lawsuit with the aid of a lawyer.  Lawyers generally charge by the hour or agree to take the case on a contingency.  For lawyers charging by the hour or via flat fees, the cost of the lawsuit is largely the attorneys’ fees. Because attorneys’ fees necessarily play a large role in any lawsuit it is important to understand whether there is an ability to recover attorneys’ fees in a particular dispute.  The law in California generally provides that unless attorneys’ fees are provided for by statute or by

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Posted in Litigation, Real Estate Attorney, Real Estate Attorney Los Angeles

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

Los Angeles Real Estate Attorney – 5 Things to Consider Before Suing for Specific Performance

As a Los Angeles real estate attorney, one of the more frequent types of cases we come across is a lawsuit for specific performance.  In the real estate context, a suit for specific performance generally is a lawsuit arising out of a purchase and sale dispute where a buyer or seller is suing the other party to perform under the terms of the purchase and sale contract.  The situations we see most frequently are those where the buyer would like to proceed with the purchase of a particular piece of real property but the seller is refusing to proceed with the sale.  These disputes typically arise after the purchase and sale agreement has been signed by all parties and during escrow. Here are 5 different

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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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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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