California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 1 — Relief, Title 2 — Compensatory Relief, Chapter 2 — Measure of Damages, Article 1 — Damages for Breach of Contract, Section 3304
The detriment caused by the breach of a covenant of “seizin,” of “right to convey,” of “warranty,” or of “quiet enjoyment,” in a grant of an estate in real property, is deemed to be:
1. The price paid to the grantor; or, if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore at the time of the grant to the value of the whole property;
2. Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding five years;
3. Any expenses properly incurred by the covenantee in defending his possession.
Notes
Sets damages for breach of covenants of seizin, right to convey, warranty, or quiet enjoyment in a real-property grant as the price paid, proportionally reduced for a partial breach. It also includes interest for periods when the grantee received no benefit, capped at five years, plus expenses properly incurred defending possession.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 3304 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-1/title-2/chapter-2/article-1/section-3304