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Arizona Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause

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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.

The Arizona Contract for the Lease and Mandatory Purchase of Real Estate is a legal document that outlines the terms and conditions for the lease and eventual purchase of a property in the state of Arizona. This contract includes a specific performance clause, which is a provision that ensures the fulfillment of the agreed-upon obligations by both parties. The specific performance clause in this contract safeguards the interests of both the lessor (property owner) and the lessee (tenant). It mandates that both parties must specifically perform their stated duties and responsibilities as agreed upon in the contract. This means that they must fulfill their obligations as outlined in the contract without deviation or breach. The specific performance clause in the Arizona Contract for the Lease and Mandatory Purchase of Real Estate aims to address potential concerns and conflicts that may arise during the lease and purchase process. It provides an additional layer of protection for both parties, ensuring that they can legally enforce the terms of the agreement if necessary. There may be variations in the specific performance clause within different versions or revisions of the Arizona Contract for the Lease and Mandatory Purchase of Real Estate. Some of these variations could include specific deadlines for performance, remedies for non-compliance, dispute resolution mechanisms, or penalties for failure to perform as stipulated. To fully understand the specific performance clause and its potential variations, it is advisable to consult the specific version of the Arizona Contract for the Lease and Mandatory Purchase of Real Estate that is being used for a particular transaction. It is also crucial to seek legal advice or consultation to ensure a thorough understanding of the rights and obligations outlined within the specific performance clause and the overall contract.

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How to fill out Arizona Contract For The Lease And Mandatory Purchase Of Real Estate - Specific Performance Clause?

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FAQ

Specific Performance: Overview When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation. Example: Rina offers to buy Beth's house and Beth accepts, but later decides to keep the property. Real estate is considered to be unique.

Requirements for Specific Performance: Courts will enforce specific performance only if the underlying contract was fair and equitable. It is up to the plaintiff to demonstrate that the contract was an appropriate one, legal, with each party receiving fair consideration for performance.

To establish legality, a real estate contract must include a legal purpose, legally competent parties, agreement by offer and acceptance, consideration, and consent.

Both parties have to agree on the price before the purchase agreement is signed. Furthermore, terms such as earnest money, escrow company, down payment, financing, warranties and contingencies, and the closing date will be outlined in the contract.

In summary, specific performance is an equitable remedy that is available when a party to a sales contract for real property is harmed by the other party's nonperformance.

In summary, specific performance is an equitable remedy that is available when a party to a sales contract for real property is harmed by the other party's nonperformance.

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.

As discussed above, a purchase agreement should contain buyer and seller information, a legal description of the property, closing dates, earnest money deposit amounts, contingencies and other important information for the sale.

In Arizona, sellers are required to complete a real estate purchase agreement and the following disclosures in order for it to be considered legally binding:Buyer Inquiry.Comprehensive Loss Underwriting Exchange (CLUE).Swimming Pool Barrier Disclosure.Condo Disclosure Information.Notice of Soil Remediation.More items...

What are the six essential elements for an enforceable real estate contract? In writing, competent parties, mutual assent, legal consideration, lawful object, legal description.

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47-2304; Price payable in money, goods, realty, or otherwiseArticle 4Performance of Lease Contract Repudiated, Substituted and Excused. Let's take a look at those required elements. A Legal Purpose. Parties cannot execute a contract to do an illegal act. The purpose of the ...Specific performance is a remedy in contract law that is most often applied in real estate litigation and disputes where a court issues an ... In addition to its residential real estate contracts, CAR alsoIt is important to review each purchase agreement for the specific ... 14, 2017), the Court held that a lease agreement which contained an24 month lease, the Tenant has the option to purchase the property ... The purchase contract between the parties was a form real estate contractthe trial court required specific performance on the part of Baginski in ... A lease agreement may include additional clauses, spelling out other obligations for each party. For example, the lease may specify who is responsible for ... Terms to understand and negotiate when buying an undeveloped plot of property. Negotiating a contract to purchase vacant land can be intimidating. How a Property Closing Might Fall Apart. Why would a buyer or seller suddenly change their mind after signing a purchase contract? There are ... Real estate purchase sale contracts are assumed to give a buyer an inspectionIn Arizona, the time to file a claim for negligence is two years after ...

In a residential setting, commercial real estate refers to the commercial space, usually used for residential purposes, that includes any real estate that is used as an office and for any commercial uses, such as a nightclub or restaurant. Commercial real estate is divided into one of two categories: retail and industrial. The real estate sector consists of three primary segments: Retail — commercial properties that are used for retail purposes and are also used for any type of trade or industry. Industrial — commercial property that is primarily used for the manufacture of goods for consumption, such as office furniture and equipment. Commercial Examine your residential real estate market The Residential Real Estate market comprises the buildings, apartment suites and land covered by residential properties. The retail segment refers to the retail businesses such as drugstores, grocery stores, clothing stores and other outlets.

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Arizona Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause