Partner Raul Gastesi and Senior Attorney Ruth Acevedo obtained a judgment against the Defendant granting Plaintiffs’ Complaint for Specific Performance.

The case involved a Defendant that signed a Listing Agreement wherein she agreed to list her property for sale. The Listing Agreement provided that electronic signatures were acceptable and would be binding.

Defendant authorized her daughter via teleconference to electronically sign on her behalf as the Defendant was not well versed in the program used to sign electronically.

The “AS IS” Residential Contract for Sale and Purchase was entered into with the consent and approval of the Defendant.

The Plaintiffs were ready, willing, and able to close on the purchase of the Property on the Closing Date. Before the closing date, Defendant breached the Contract by anticipatorily refusing to perform as she believed she could get more money from the sale.

The Plaintiffs were damaged by Defendant’s default and were forced to file a lawsuit for Specific Performance and Damages.

After a vigorously contested trial, a verdict was rendered fully enforcing the Contract, and the subject Property sold to Plaintiffs. The Plaintiffs were also awarded extensive damages and as prevailing parties and were awarded all of their attorney’s fees and costs.