California Codes
Cal. Civil Code § 3306 (2026)
✓ current as of May 2026
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The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed at the time of the breach, the expenses properly incurred in preparing to enter upon the land, consequential damages according to proof, and interest.
Notes of Decisions
Cited in 24
cases, 1944–2020 · leading case: Horning v. Shilberg, 29 Cal. Rptr. 3d 717 (Cal. Ct. App. 2005).
Horning v. Shilberg, 29 Cal. Rptr. 3d 717 (Cal. Ct. App. 2005). “) [7] Civil Code section 3306 provides: "The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, the difference between…”
Collins v. Wolf, 591 B.R. 752 (S.D. Cal. 2018). “Damages Under California Civil Code § 3306 Appellants contend that if Charles was not the legal or equitable owner of the Property, then he was entitled to damages under California Civil Code § 3306.”
Burke Investors v. Nite Lite Inns (In Re Nite Lite Inns), 13 B.R. 900 (Bankr. S.D. Cal. 1981). “Cal. Civ.Code § 3306 (West). And finally, Burke Investors demands the return of the $42,200 commitment fee paid for the PIPE loan, contending that the Sale Agreement provides for this in the event that the commitment from PIPE was lost.”
Lee v. Hsbc Bank USA, 218 P.3d 775 (Haw. 2009). “See Cal. Civ. Code § 3306 ; see also Burgess, 5 Haw.”
Christensen v. Slawter, 343 P.2d 341 (Cal. Ct. App. 1959). “381-382 ) Since in the case at bar the deed was accepted when tendered, and before suit was filed, there was no breach of the covenant to convey, Civil Code, section 3306, was not applicable, and the question of “bad faith” was immaterial.”
Al-Husry v. Nilsen Farms Mini-Mkt., Inc., 94 Cal. Daily Op. Serv. 4074 (Cal. Ct. App. 1994). “2d 226 ]; Civ. Code, § 3306.) This rule is not limited to sales of real property; it applies to sales in general.”
Burgess v. Arita, 704 P.2d 930 (Haw. App. 1985). “Interestingly, California followed the English rule for over fifty years, until it abruptly dropped the bad faith requirement in 1983. Section 2-510 of the Uniform Land Transaction Act adopts the American rule except in situations where “a seller is unable to convey because of a…”
Beaver v. Tarsadia Hotels, 978 F. Supp. 2d 1124 (S.D. Cal. 2013). “In addition California Civil Code section 3306 provides: The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, the…”
Stevens Grp. Fund IV v. Sobrato Dev. Co., 1 Cal. App. 4th 886 (Cal. Ct. App. 1991). “Plaintiff commenced litigation seeking alternative remedies of damages (Civ. Code, § 3306) and specific performance.”
Brandolino v. Lindsay, 269 Cal. App. 2d 319 (Cal. Ct. App. 1969). “(Civ. Code, § 3306; Engasser v. Jones, supra, p.”
Reese v. Hung Kim Wong, 2001 Cal. Daily Op. Serv. 9140 (Cal. Ct. App. 2001). “(Civ. Code, § 3306 (hereafter section 3306).”
Crag Lumber Co. v. Crofoot, 301 P.2d 952 (Cal. Ct. App. 1956). “” Thus, under said section respondent was entitled to recover the amount paid upon the purchase price “and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon.”
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