Los Angeles Specific Performance Attorneys
Proudly Helping Clients Pursue Legal Action
Having a well-drafted contract is very important in real estate transactions. When property prices are rising, some sellers might try to cancel their contract if they receive a higher offer than yours. If that ever happens, you may be able to file a lawsuit asking the court to force the seller to sell the property to you.
If your contract is well-drafted and the seller refuses to sell the property to you for a legitimate reason, you may be able to file an action against the seller for specific performance and record a lis pendens against the property, which will prevent the seller from selling the property to another buyer. Conversely, if a buyer refuses to honor his obligations under a purchase agreement, the seller may file a suit against the buyer, forcing him to buy the property.
Plaintiffs must establish the following elements to bring a lawsuit for specific performance:
- An enforceable contract exists between the parties
- Adequate payment
- The plaintiff performed their part under the contract or has a valid excuse for nonperformance
- The defendant breached the contract
- Proof that damages or another remedy at law are insufficient
FAQ: Lis Pendens
Question #1: What is a lis pendens?
A: The phrase “lis pendens” is Latin for a pending suit. A lis pendens is a legal notice that warns prospective interest holders in real property that the real property is involved in legal action. This means the claimant must file a lawsuit before recording the lis pendens with the office of the county recorder.
Question #2: Why should a person record a lis pendens?
A: While recording the lis pendens doesn’t legally prevent a buyer from purchasing the property, the buyer risks losing the property to the claimant if the claimant ends up winning in litigation and is legally entitled to the property.
Question #3: Who can record a lis pendens?
A: Parties connected to a lawsuit asserting a real property claim can record a lis pendens. Under Cal. Code Civ. Proc. § 405.4, a real property claim is defined as a pleading which, if meritorious, affects title to, or the right to possession of, specific real property or the use of an easement.
Question #4: Can I record a lis pendens against a seller who refuses to close escrow?
A: You can record a lis pendens if you pursue a legal claim against the seller for specific performance of the contract. If the buyer is only interested in recovering their deposit or money damages, then a lis pendens should not be recorded.
Call (310) 340-1550 for Your Free Initial Consultation
At Azadegan Law Group, APC, we have handled countless specific performance actions, successfully forcing buyers or sellers to perform under the terms of their contract. If you have any questions about your rights when it comes to purchasing or selling real estate, then please don’t hesitate to get in touch with our firm.
Please give us a call today at to request a free case consultation with one of our seasoned lawyers.
At Azadegan Law Group, APC, our talented legal professionals know that the better thinker is the better strategist who can predict their opponent's every move. We believe that being a good lawyer is like being a good chess player. It requires focusing on the end result, anticipating and adapting to every move, and implementing the winning strategy. This philosophy has created enormous success for our firm, and we are prepared to put our skills to work for you.
Our founding attorney, Ramin Azadegan, has won favorable results for hundreds of clients in business and real estate litigation. Now, he and his firm have aligned with other seasoned litigators, all with years of experience winning multi-million dollar settlements, verdicts, and judgments. Visit our firm to find out why clients turn to us for outstanding legal representation.
We live with our client’s case. We listen, we think, we believe, we strategize creatively, we prepare, and we try. We develop a very close relationship with our clients and with our cases. We make sure that the jury will be able to see and feel our real and deep emotional connection with our cases and our commitment to our client. Our goal in a trial is not to “tell” our client’s story to the jury, rather, it is to “show” the jury the truth.
Focus Groups and Mock Jury Trials
When warranted, we use focus groups and conduct mock jury trials so we can better evaluate the emotional connection between the facts of the case and the jury. By doing so, we refine our strategy to be able to present a more powerful case to the jury.
We are a litigation firm first and foremost, ready to deal with any substantive or procedural legal challenge at every turn. We are equipped with state-of-the-art research and communication technologies that enable us to research every legal issue thoroughly and make ourselves readily available to our clients. In order to resolve each case as quickly and favorably as possible for each client, we litigate aggressively, while always tailoring our strategy to each client’s needs and goals. We explore every procedural angle and make every necessary motion to win the case or expedite the most favorable settlement possible.
Discovering the Story
Everything in life has a story. The “truth,” without a well thought out story, is not believed nor is it effective. We believe that understanding and feeling the core of the client’s story is the key to understanding the “truth” and formulating a powerful story to present to the jury. So, we spend tens of hours listening to the client’s story, and in many cases we use re-enactment techniques to be able to “see” the story. We explore the feelings, motivations and pressures behind every party in every case. That enables us to acquire a deeper understanding of our cases.
Contact us at (310) 340-1550 to schedule a consultation and find out what we can do to help you.YOU WANT TO WIN, CALL RAMIN!