A. [§ 2.22] Damages

• Jurisdiction: Maryland

A. [§ 2.22] Damages

Where suit for specific performance is proper, the trial court may award additional compensation for damages suffered by the plaintiff. See Reis v. Sparks, 402 F. Supp. 1393 (D. Md. 1975), aff'd, 547 F.2d 236 (4th Cir. 1976); Bernardini v. Stefanowicz Corp., 29 Md. App. 508, 349 A.2d 287 (1975), cert. denied, 277 Md. 735 (1976). For example, payments for the rental of substitute housing are considered proper consequential damages upon breach of a contract to convey realty, ancillary to an award of specific performance. Beard v. S/E Joint Venture, 321 Md. 126, 581 A.2d 1275 (1990); B & P Enters. v. Overland Equip. Co., 133 Md. App. 583, 618, 758 A.2d 1026, 1044 (2000) (stating that damages are those that "will place the injured party in the monetary position he would have occupied if the contract had been properly performed" (citations and internal quotation marks omitted)).

Counsel fees, however, generally are not found to be proper damages in a specific performance action. See Campitelli v. Johnston, 134 Md. App. 689, 761 A.2d 369 (2000) (holding that "[w]ithout a statutory authorization, a contractual agreement, or the application of Md. Rule 1-341, attorneys' fees may not be recovered as damages, or as ancillary monetary damages in a suit for specific performance"), cert. denied, 363 Md. 206, 768 A.2d 54 (2001); see also Archway Motors, Inc. v. Herman, 41 Md. App. 40, 43-46, 394 A.2d 1228, 1230-31 (1978), cert. denied, 284 Md. 741 (1999). An exception to this general rule does exist "'where the wrongful acts of the defendant have involved the plaintiff in litigation with others, or placed him in such relation with others as make it necessary to incur expense to protect his interest. . . .'" Montgomery Vill. Assoc. v. Mark, 95 Md. App. 337, 344, 620 A.2d 975, 979 (quoting McGaw v. Acker, Merrall & Condit Co., 111 Md. 153, 73 A. 731 (1909)), cert. denied, 330 Md. 680, 625 A.2d 982 (1993).

A trial court may award benefit of the bargain damages as a substitute for specific...