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Can we seek Legal fees and damages while suing for specific performance of real estate contract?

Brooklyn, NY |

We as a buyer are ready to file a lawsuit for specific performance of real estate contract. Purchase agreement lists specific performance as the remedy for purchaser in case of default by seller.
Is it possible to seek legal fees and damages in addition to specific performance by listing it while declaring Time is of the essence?

Attorney Answers 3


  1. You can get legal fees if your contract provides for it.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. Concur with counsel. Do you have a lawyer to represent you in your case? If you don't, I'd really recommend that you hire one. Often, the contract such as the one you're referring to has a provision for attorney's fees. You'd still have to pay your lawyer although there is a possibility that you can recoup your attorney's fees, in whole or in part, if you win. Of course, that depends on what your contract says and if you win.

    It's probably well worth your time to hire a lawyer. If you're suing a seller you want to make sure that you name all parties to the action.

    Ms. Johns can be reached at her Woodland Hills and San Diego offices at (866) 402-4038. Her email is hjohns@hjohnsatlaw.com and her office does offer free telephone consultations to Avvo askers. Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her and signed a fee or letter agreement confirming her representation of you. This Avvo response does not otherwise create a binding attorney client fee agreement. Ms. Johns and her employees are not tax or financial advisors and do not give tax or financial advice of any kind. For such advice, it is recommended that you consult with a tax or financial professional in that field.


  3. Yes. You can seek all costs and fees caused by the willful breach of the contract such as bank costs, storage fees, rent, use and occupancy, court costs and legal fees., etc. You may not be awarded all costs but you can seek them. Most of these cases get settled prior to trial so seek all expenses as leverage. The end result is you want a closing as quickly as possible. You will need counsel to do this successfully.

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