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What is a Specific Performance Real Estate Dispute?

Orange County, CA Real Estate Lawyer Explains

California real estate attorneyBuying or selling a property in Orange County, California can be a major decision. That's because this part of Southern California has some of the highest real estate values in the country, so it's especially critical that every aspect of a purchase or sale goes smoothly. Otherwise, a delay could jeopardize the outcome of a real estate transaction.

Unfortunately, many real estate transactions don't go through for many different reasons. And one of those reasons is the buyer or seller changing their mind at the last minute, even after both sides have gone through most of the formal process required for selling or purchasing a property.

When this happens, many people might think there's nothing they can do to resolve such real estate disputes. Fortunately, California and some other states grant individuals the right to take legal action in such cases. That includes filing a specific performance order, something the Law Offices of Daniel C. Carlton has extensive experience with in Southern California.

What is Specific Performance?

Real estate transactions are different. No two properties are exactly alike since every property is unique due to its exact location among other factors. That's why California's legal system includes remedies for buyers or sellers unable to purchase or sell a specific property. And one of these remedies involves requesting a specific performance cause of action.

When a buyer or seller asks a judge to grant a specific performance in a real estate transaction, the judge will decide whether a monetary settlement will adequately resolve the issue. If the judge decides a monetary settlement is not sufficient, the he or she might require the buyer or seller to follow through on a specific act, which in the case of many real estate disputes, involves requiring both parties to follow through on the purchase or sale of a property.

Specific performance orders fall under the Uniform Commercial Code (UCC), which are consumer protection laws that exist in most states around the country. California's UCC addresses specific performance requirements directly. In particular, California's Civil Code states that specific performance may be compelled if it's the appropriate remedy and the "agreed counter-performance has been substantially performed."

Why Choose Us

Many real estate disputes involving specific performance orders might seem clear cut at first. But in many cases, disputes turn out to be far more complicated - and contentious. That's why it's critical that you have an experienced legal team on your side, representing your best interests. That's why you need the Law Offices of Daniel C. Carlton.

Attorney Carlton has more than 40 years of legal experience in Southern California. He thoroughly understands how the legal system works and what it takes to successfully file a specific performance application in Orange County and elsewhere.

Your financial future could be on the line. Don't take chances. Take action. Contact us and schedule an appointment today. Our office is conveniently located in Newport Beach. We can meet with you there or wherever's convenient for you. You decide.

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Dan Carlton and his team are dedicated, down-to-earth, compassionate personal injury attorneys committed to helping victims of traffic accidents, personal injuries, dog bites and more. Serving Los Angeles and the entire Orange County area, including Anaheim, Tustin, Irvine, Garden Grove and Santa Ana, for over 40 years, we have handled thousands of cases.

Daniel C. Carlton