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 3394
An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.
Notes
Bars specific enforcement of a property-sale agreement in favor of a seller who cannot give the buyer title free from reasonable doubt. The restriction applies even when the sale agreement otherwise exists, making the seller’s ability to convey a reasonably unquestionable title a condition for obtaining specific performance against the buyer.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 3394 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-1/title-3/chapter-2/article-3/section-3394