Specific Performance / Lis Pendens
What Is Specific Performance?Real estate contracts are generally considered binding, but not all buyers and sellers adhere to the terms of the agreement they signed. When a seller tries to back out of a deal, a judge can compel them to go through with it through a specific performance order.
California Laws Regarding Specific PerformanceCalifornia has distinct laws and statutes that pertain to specific performance of contract. Generally speaking, the seller of the property will be compelled to go through with the agreement if the property in question is unique and all the contingencies of the contract have been met. In the state of California, real estate transactions are usually covered by specific performance mandates. This is because they are unique purchases, and monetary compensation is considered an inadequate replacement for the loss of the property. There are exceptions to this general rule, however. For example, if the property in question is undeveloped, specific performance law may not apply.
Do I Need a Lawyer for a Specific Performance Lawsuit?Because specific performance laws are so complex and since the procedures for compelling specific performance are so tedious, buyers and sellers are well-advised to seek legal assistance from an experienced real estate attorney. These legal professionals can help determine whether a specific performance lawsuit is warranted as well as the best course of action to take. They can also file the necessary paperwork on your behalf and represent you in court if necessary.
How to Choose the Best Real Estate Lawyer for Specific PerformanceIf you want to compel a party to follow through on the agreement set forth in a real estate contract, the first step is to look for good legal counsel. You’d be wise to choose a real estate lawyer with several years of experience practicing real estate law. Ideally, the attorney will have had direct experience with specific performance cases in California.
The experienced lawyers and legal staff at Ensberg Law Group have extensive experience with complex real estate cases, including those involving specific performance in real estate. We’ve assisted numerous clients in West Covina and beyond bring specific performance action, and we can help you as well. Call us today to schedule an appointment for a private legal consultation. We’ll discuss the details of your case and explore next steps.
I found Stephen Ensberg office on yelp when searching for a lawyer who specialized in business. He helped me to interpret a buyout offer for my shares of a business. I thought I was pretty smart as a business professional and had seen plenty of legal paperwork in my line of business but this particular agreement seemed like it was written in a different language. Mr. Ensberg was able to explain it to me in words I could understand and he also found it to be very one sided and not in my best interest to sign. He wrote me a letter to present to my business partners and we are currently working on a new agreement. Without his recommendation I could have gotten myself into problems down the line. He answered all of my questions personally via email and over the phone which I really appreciated. I hope to not need his services in the future but if I do I'll be heading straight to his office!