Cal. Civil Code § 3387 : Specific And Preventive Relief — California Civil Code — General Provisions — Specific Relief — Specific Performance Of Obligations — Presumption breach of obligation to transfer real property not relieved by percuniary compensation

Current through the 2016 Legislative Session

It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation. In the case of a single-family dwelling which the party seeking performance intends to occupy, this presumption is conclusive. In all other cases, this presumption is a presumption affecting the burden of proof.