2021 Colorado Code
Title 38 - Property - Real and Personal
Article 30 - Titles and Interests
§ 38-30-167. Right of Purchaser to Obtain Partial Specific Performance
If it is impossible for a vendor of real property to convey a portion of the real property he contracted to convey, the vendee has a right to obtain a conveyance of that portion which it is possible to convey and a right to obtain damages or other equitable relief concerning the portion which it is impossible to convey. For the purposes of this section, “vendor” includes an optionor or a grantor of a right to repurchase or lease, and “vendee” includes an optionee or a holder of a right to repurchase or lease.
History. Source: L. 79: Entire section added, p. 1394, § 1, effective July 1.
ANNOTATION
By conjoining the right of partial specific performance and a right to damages or other equitable relief, this statute simply makes it clear that the remedy of partial performance is an additional remedy rather than a substitute for any relief to which the purchaser would be entitled for the vendor's inability to fully comply with the terms of the contract. Brush Grocery Kart v. Sure Fine Mkt., 47 P.3d 680 (Colo. 2002).
