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Failure to perform real estate

Los Angeles, CA |
Filed under: Real estate

What are the remidies in California when a seller does not perform on a to sell a residential property? How much is usually rewarded?

Attorney Answers 1


I'm assuming your question is this: what remedies are available to a buyer if the seller breaches the purchase agreement?

Some of it will depend on the terms of the purchase agreement. The agreement could limit remedies to a specific amount (often called "liquidated damages"), or to specific performance (forcing the transfer of the property to the buyer for payment of the agreed purchase price) or to rescission (canceling the agreement and returning all deposits). Or the buyer may be entitled to elect between those possible remedies.

It's impossible to say what an award might be without more information. What was the purchase price? It what way has the seller failed to perform? What amount was deposited by the buyer? What was the reason for the breach by the seller? Please feel free to contact me with your additional information.

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