Updated on November 3, 2022
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.)
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 [email protected] or fill out the contact box on the side of the page.
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