356. Buyer's Damages for Breach of Contract for Sale of Real Property (Civ. Code, § 3306) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 To recover damages for the breach of a contract to sell real property, [name of plaintiff] must prove: 1. 2. 3. 4. 5. The difference between the fair market value of the property on the date of the breach and the contract price; The amount of any payment made by [name of plaintiff] toward the purchase; The amount of any reasonable expenses for examining title and preparing documents for the sale; The amount of any reasonable expenses in preparing to occupy the property; and [Insert item(s) of claimed consequential damages]. ___________________________________________________________________________ New September 2003