Do You Need To File For Specific Performance In Santa Clarita?

Are you dealing with a potential case of specific performance in Santa Clarita? Learn the basics of this complex topic with our top real estate attorney.

Unfortunately, real estate transactions don’t always go as planned. 

When one party tries to back out of the contract, for example, it can be especially devastating. 

Whether you’re the buyer or seller, that breach of contract is a huge loss. 

And it’s also grounds for legal action, as long as you’ve met the requirements of your contract. 

While no one wants to find themselves in the middle of a real estate dispute, it’s important to know that there are options to protect your best interests – and possibly recover your losses. 

That’s where specific performance comes in. 

A complex yet powerful legal remedy, this cause of action is often worth exploring with the help of an experienced real estate attorney. 

To help you get started, Founding Partner Steffanie Stelnick explains the basic concepts of specific performance, as it relates to real property transactions in Santa Clarita and throughout California.

Understanding Specific Performance In Santa Clarita

Understanding Real Property

When you’re buying real estate in the State of California, you’re purchasing a specific piece of property. No property in the State of California is exactly like another, especially if you’re buying on the retail market. 

“Even though, in Santa Clarita or other suburban areas, the homes might look exactly the same, not a single home is the same as the next,” explained Steffanie Stelnick, Founding Partner of The Law Offices of Steffanie Stelnick.

That’s why, in legal disputes over a piece of real property, a cash payment is often considered inadequate to replace what was lost. “Loss of that specific property can’t be quantified with dollars and cents because there is no other property in the State of California that’s exactly like it,” Steffanie explained. “You’ve experienced a unique loss.”

Specific Performance In Real Estate Law

Whenever you buy or sell a piece of real property, both parties enter a contract, and they are legally required to perform each element in the contract. 

The buyer, for example, must perform the earnest money deposit, waived contingencies, secured loan, investigations, home inspections and more. When they do, the seller must then perform their elements of the contract, such as clear title, a closing date and more. 

When the seller does not perform, however, that’s when the buyer can sue for specific performance. 

“Because each piece of real property is unique, the State of California has a cause of action called specific performance,” Steffanie explained. “Why? You can’t receive compensation through monetary damages because you signed a contract for that specific piece of real property. What you really need is the court to order that property to be deeded to you, pursuant to the contract.”

Specific performance forces the seller to perform in accordance with the contract.

How To Claim Specific Performance In Real Estate

If you believe you have a case of specific performance in California, then the first step is to consult a qualified and experienced real estate attorney – because it’s a complicated process. 

“You’ll want to file for a breach of contract lawsuit, as well as ask for restitution in regards to specific performance, since monetary compensation isn’t adequate,” Steffanie explained. “You may also need to record a notice of pendency of action, more commonly known as a lis pendens.” 

It’s a multi-step process, and each step has certain requirements that must be proven in order to build a successful case.

How We Can Help

As a real estate law firm serving California, The Law Offices of Steffanie Stelnick has extensive experience in litigating specific performance cases for both buyers and sellers. 

“If you’re buying a property, and you’re having issues with the seller, please reach out to us,” Steffanie explained. “Likewise, if you’re a seller who’s having an issue with a buyer, please know we are here to help you. With experience on both sides, we can review your options and explain what you’re required to do to protect your best interests.”

Our California real estate attorneys do not charge for initial consultations, and we do not charge you if you want to call and ask a question about your specific situation. 

“We’re happy to answer your questions by phone, email, video call, or at an in-person meeting,” Steffanie explained. “We practice all social distancing guidelines, and we make sure you’re comfortable the whole way through.”

We are here to help. Schedule your complimentary case evaluation today, and our Santa Clarita specific performance attorney will answer all your questions, walk you through the process and review all your documents – to protect the biggest transaction of your life.

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including San Francisco and Sacramento.