California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 1 — Relief, Title 3 — Specific and Preventive Relief, Chapter 2 — Specific Relief, Article 3 — Specific Performance of Obligations, Section 3387

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.

Notes

Establishes a presumption that money damages cannot adequately remedy breach of an agreement to transfer real property. The presumption is conclusive for a single-family dwelling the party seeking performance intends to occupy; in all other cases, it affects the burden of proof.

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