Kassir

specifically perform his contract to sell real property to Hassan Mannaa, but the property was foreclosed upon before the order was carried out. In these further proceedings, the trial court issued a judgment ordering Zahabi to pay $89,371 to Mannaa for rents accruing during the time Zahabi was able to perform the agreement but refused to do so. Zahabi claims the trial court erred in failing to offset the rents with an amount compensating him for the loss of use of the purchase price he would have received under the agreement. We find because the property was overencumbered, Zahabi would have received nothing under the agreement and no offset was required. Accordingly, we affirm the judgment.

FACTS

In March 2002, Moe Zahabi owned residential property located on Cypress Lane in Irvine. Hassan Kassir was the lessee of the property and wanted to buy it. Accordingly, on March 30, 2002, Zahabi and Kassir entered into an agreement whereby Zahabi granted Kassir an option to purchase the property for $480,000 and Kassir paid a six month rent advance of $18,900, any unused portion of which was to be refunded to Kassir through escrow. The agreement provided that Kassir could…