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

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?

Brooklyn, NY -

Attorney Answers (3)

Richard J. Chertock

Richard J. Chertock

Real Estate Attorney - Melville, NY
Answered

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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Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

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.... more
Hillary Johns

Hillary Johns

Business Attorney - San Diego, CA
Answered

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@... more

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