Tanner v. Keating CA5
The lender approved the short sale and the parties opened escrow. A few days before escrow was to close, Keating identified alleged “questions with chain of title” that would “probably delay closing.” Keating then froze the transaction and withdrew her consent to the proposed short sale.
The Tanners filed the underlying complaint seeking specific performance of their contract with Keating. Following a bench trial, the trial court entered judgment for the Tanners and ordered Keating to execute all documents necessary to close escrow.
Keating argues the trial court erred because (1) the parties did not mediate and arbitrate the dispute as required by the contract; (2) the lender’s withdrawal of short sale approval rendered the contract void and unenforceable; (3) the lender was a necessary party to the action; and (4) the contract was the product of undue influence and elder financial abuse.
Since specific performance is a discretionary remedy, we must consider wh
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