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Real Estate
Contract for the Lease and Mandatory Purchase of Real Estate -...

Assignment Clause Real Estate For Sale

Category:

Landlord Tenant - Residential Leases - Purchase Options

State:

Multi-State

Control #:

US-00120

Format:

Instant download

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Description Real Estate Clause

This form is a contract for a lease and a manadatory purchase of real estate. Seller demises and leases to purchaser and purchaser takes and rents from seller certain real property described in the form. Purchaser agrees not to use or permit the use of the property for an illegal purpose. An auction, fire or going out of business or bankruptcy sale, may not be conducted in the property without prior written consent of the seller.

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Contract Lease Purchase Form Rating

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Lease Specific Form Other Form Names

Real Estate Form Pdf Mandatory Real Estate Contract Purchase Real Estate Form Real Estate Specific Agreement Real Estate Specific Form Specific Performance Specific Performance Pdf

Real Estate Form Printable FAQ

When Should a Court Enforce Specific Performance? Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overreaching; and 5) lack of remedy at law.

Specific performance is a remedy in contract law that is most often applied in real estate litigation and disputes where a court issues an order requiring a party to perform a specific act, and to specifically perform according to the terms of a contract.

When Can Sellers Sue for Specific Performance? While sellers can sue for specific performance against a buyer over a failure to perform on a real estate contract, the remedy is rarely applicable and even more rarely sought.

The contract to be specifically enforced must be mutual. The doctrine of mutuality means the contract must be mutually enforceable by each party against the other. It does not however mean that for every right there must be corresponding clause.

The Supreme Court has held that under Section 19(a) and (b) of the Specific Relief Act, 1963, specific performance of a contract can be enforced against either party thereto and any person claiming under him by a title arising subsequent to the contract, except a transferee for value, who has paid his money in good

A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. Most commonly ordered in cases involving real property and rare chattels. contracts.

Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.

Assignment Clause Real Estate For Sale

Description Real Estate Clause

Estate Clause Related forms

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Contract Lease Purchase Form Rating

Real Estate Form Application Form popularity

Lease Specific Form Other Form Names

Real Estate Form Printable FAQ

When can specific performance be enforced under a sales contract?

What is specific performance in a real estate contract?

Can a seller enforce specific performance?

What contracts can be specifically enforced?

When can specific performance of a contract be enforced?

What are specific performance contracts?

When can you use specific performance?

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