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Boykin v. He CA1/2
Seller agreed to sell her house to buyer for $350,000, both of them represented by a dual agent. The date for close of escrow came, with buyer not having performed all that was required of her. Efforts to resolve the matter were not successful, and seller canceled the sale. Buyer sued for specific performance, and seller cross-complained against the agent and the listing broker. The matter proceeded to a nine-day trial, following which the jury returned a 16-page special verdict that among other things advisedly granted specific performance. That verdict also found for seller on three of her six causes of action, but awarded little by way of damages, specifically “economic damages” of $0, and non-economic damages in two alternatives: $350,021 “if [seller] has to transfer the property to buyer,” and $17,500 if she does not.

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