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Complaint For Breach Of Real Estate Contract
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    (Name, Address Of Party or attorney)
    ____________
    ____________
    ____________
    State Bar No: ______
    (____) _____ - ________
    Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

[PLAINTIFF(S) NAMES]
Plaintiffs,

 

v.
 
[DEFENDANT(S) NAMES]
Defendants
 
 
________________________________
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CASE NO: _______
 
COMPLAINT FOR BREACH OF CONTRACT

Plaintiff complains and for causes of action alleges as follows:

1. Plaintiff, __________ [name], is now and at all times
mentioned in this complaint was, a resident of __________ County,
California.

2. Defendant, __________ [name of seller] ("seller"), is now,
and at all times mentioned in this complaint was, an individual
residing in __________ County, California.

3. Plaintiff does not know the true names of defendants DOES
1 through 25, and therefore sues them by those fictitious names.
Plaintiff is informed and believes, and on the basis of that
information and belief alleges, that each of those defendants was
in some manner legally responsible for the events and happenings
alleged in this complaint and for plaintiff's damages. The names,
capacities and relationships of DOES 1 through 25 will be alleged
by amendment to this complaint when they are known.

4. Plaintiff is informed and believes, and on that basis
alleges, that at all times mentioned in this complaint, defendants
were the agents and employees of their codefendants, and in doing
the things alleged in this complaint were acting within the course
and scope of that agency and employment.

 

FIRST CAUSE OF ACTION

(Breach of Written Contract)

5. Plaintiff incorporates by this reference paragraphs 1
through 4 of this complaint.

6. On or about __________ [date], plaintiff and seller
entered into a written agreement in which plaintiff agreed to
purchase and seller agreed to sell real property located at
__________ [location and address of property, if any] ("the real
property"), more particularly described as __________ [set forth
legal description]. A copy of the written purchase and sale
agreement ("the agreement") is attached to this complaint as
Exhibit __ and is incorporated by this reference. The agreement
includes a provision for recovery of attorney fees by the
prevailing party in the event an action is brought under the
agreement.

7. Prior to plaintiff's execution of the agreement, seller
presented plaintiff with a Real Estate Transfer Disclosure
Statement dated __________ [date] that was prepared and signed by
defendant. A copy of the Real Estate Transfer Disclosure Statement
("the disclosure statement") is attached to this complaint as
Exhibit __ and is incorporated by this reference. Plaintiff relied
on the representations set forth in the disclosure statement in
entering into the agreement and the statement was incorporated into
the agreement.

8. Plaintiff performed all conditions, covenants, and
promises on plaintiff's part to be performed in accordance with the
terms and conditions of the agreement.

9. Plaintiff closed escrow and took possession of the real
property on __________ [date].

10. Plaintiff is informed and believes, and on that basis
alleges, that seller breached the agreement by failing to disclose
material and important information regarding the condition of the
real property that was within seller's knowledge as follows:
__________ [set forth specific details as to disclosure failure].

 

11. In the disclosure statement, seller states that
__________ [set forth erroneous statements made in the disclosure
statement].

12. Plaintiff relied on seller's representations as set forth
in the disclosure statement and that reliance was reasonable.

13. Plaintiff would not have entered into the agreement had
plaintiff known the true facts. The true facts are __________ [set
forth actual facts as to condition of property].

14. As a result of seller's breach of the agreement,
plaintiff has been damaged in that __________ [set forth specific
details as to damage, such as: plaintiff has been forced to incur
the cost and expense of correcting the defects and problems on the
real property.]

WHEREFORE, plaintiff demands judgment as set forth below.

 

SECOND CAUSE OF ACTION

(Violation of Civil Code sections 1102 et seq.)

15. Plaintiff incorporates by this reference paragraphs 1
through 14 of this complaint.

16. Seller owed plaintiff a duty under Civil Code sections
1102 et seq. to inspect and to disclose fully and fairly all facts
that materially affect or relate to the condition of the real
property and to disclose truthful and complete, rather than
misleading, information.

17. Seller failed to comply with the requirements of Civil
Code sections 1102 et seq. by failing to supply required material
information as to the condition of real property, and by instead
supplying information that did not meet the requirements of these
provisions, and these actions were not in good faith.

18. As a result of the seller's failure to comply with Civil
Code sections 1102 et seq., seller is liable in the amount of
actual damages sustained by plaintiff as set forth in this
complaint.

WHEREFORE, plaintiff demands judgment against defendants for:

1. Compensatory damages of $__;

2. __________ [Add if applicable: Interest on the sum of $__
at the (contract or legal) rate of __ percent per year from
__________ (date)];

3. __________ [If applicable, include request for other
damages];

4. Reasonable attorney fees, as authorized by __________
[state basis for right to recover fees];

5. Costs of suit; and

6. Such further relief as the court may deem proper.

 

 DATED: _______________  __________________________________________
   (Signature)

 

VERIFICATION

I, ___, am a ___in the above-entitled action. I have read the foregoing ___and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Long Beach, California.

 

 

DATED: _________________ ___________________________________

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