Specific Performance of California Real Estate Contracts – The Buyer Must Prove that they Satisfied Every Requirement of the Contract

In an action for “specific performance” a party to a contract seeks the court order the other party to perform as required by the contract. One requirement for such an order is that the remedy at law is inadequate – that is, the plaintiff cannot be adequately compensated by the payment of money. In the case of contracts for the sale of real property it is presumed that property is unique and breach cannot be adequately compensated for with money. (Civil Code section 3387.) The problem Sacramento real estate attorneys usually see is a dispute as to the buyer’s performance – did the buyer perform every trivial step such that the seller was forced to convey the property. In a recent decision a buyer of a commercial property spent over $600,000 on the purchase and seeking entitlements, but did not take the last required step of paying $3 million dollars within 30 days of getting permits, and he lost the property. In Tierney v Javaid, Tierney wanted…

Read more detail on Recent Real Estate and Property Law posts –

This entry was posted in Real Estate & Property Law and tagged , , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply