Answer FileReal Estate

Can I force a home seller to complete the sale in California?

The answer, cited

Often, yes: through a specific performance lawsuit. California presumes that money cannot adequately compensate a buyer for breach of an agreement to transfer real property, and for a single-family dwelling the buyer intends to occupy the presumption is conclusive (Civil Code section 3387). The buyer must show a binding written contract and readiness to perform.

California treats land as unique, so a buyer's remedy against a seller who refuses to close is not limited to money. Civil Code section 3387 presumes that breach of an agreement to transfer real property cannot be adequately relieved by damages, and makes that presumption conclusive for a single-family dwelling the buyer intends to occupy. To win specific performance, the buyer needs an enforceable written contract satisfying the statute of frauds (Civil Code section 1624), adequate and fair consideration, and proof of being ready, willing, and able to perform, typically shown through funds or loan approval. Two practical steps matter immediately: recording a notice of pendency of action (lis pendens, Code of Civil Procedure section 405.20) so the seller cannot convey clear title while the case proceeds, and calendaring the four-year deadline for written contract claims (section 337). Buyers who prefer money may instead seek damages measured by the difference between the contract price and the property's value (Civil Code section 3306).

Authority: Cal. Civ. Code § 3387

Source: Cal. Civ. Code § 3387 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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