Sale Remedies

Wendel Rosen real estate litigation attorney Carl Ciochon will present “Sale Remedies,” on Friday, September 4, 2015 from 8:00 am to 9:30 am at Continuing Education of the Bar’s 2015 “The Basics Conference,” in Monterey, California.

What happens when a real property sale falls through? There are many potential remedies available to both sellers and buyers. In some situations, it may actually be better for your client to breach the sale contract rather than close. We will explore the parameters of the available remedies and the practical considerations that must be weighed.

Topics discussed include the following:

  • Contract Issues—breach of contract, fraud and nondisclosure, specific performance (including lis pendens), rescission, reformation, and liquidated damages
  • Title Issues—slander of title, quiet title, partition, and cancellation of instruments
  • Possession issues—ejectment and trespass
  • Equitable remedies—constructive trusts, resulting trusts, and equitable liens

This is a basic level program and assumes no prior experience in real property law. Appropriate for attorneys new to real property law, as well as those seeking a refresher.

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