Gevas v. Fernandez

Phil Gevas and Monique Gevas, [“Sellers”] appeal a final judgment of specific performance in favor of Ted Fernandez, [“Buyer”]. We affirm.

The trial court properly ordered the Sellers to convey the property with the custom-built home to the Buyer who contracted for its construction. The Sellers were obviously seeking a way out of the real estate purchase contract because the home had appreciated by roughly $3 million dollars. The record is clear that the protracted litigation and delays were caused by the Sellers — not the Buyer. It is well settled that a seller cannot take advantage of a…