There are various contracts that require one party to use their “best efforts” to take some action or to accomplish some task. Parties often get into disputes as to what it means to use “best efforts” and whether a party has actually met this requirement. The “best efforts” standard has never been clearly defined until a recently decided California appellate court case.
When a seller and buyer enter into a purchase agreement for real property, both of them intend to perform under the agreement. Most purchase agreements give the buyer various reasons for it to cancel the agreement and not proceed with the purchase.