Delaware Petition for Specific Performance Under Separation Agreement (Fill-in)
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How to fill out Delaware Petition For Specific Performance Under Separation Agreement (Fill-in)?
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FAQ
However, to win a specific performance lawsuit the buyer`s sales contract must be exact enough for the court to order its performance. To prevent the seller from selling the property to another buyer, most specific performance lawsuits also involve recording a lis pendens against the home`s title.
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.This is called specific performance.
Specific performance means fulfilling a promise made under a contract as agreed. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract.
A valid and enforceable contract must be produced. You must show a breach of the contract occurred by the other party. Specific performance requires you to show that monetary damages are inadequate to compensate your claim.
Specific performance must be understood as including any order to perform a contractual obligation, whether it is to perform an act or acts, render services, make delivery or pay money. a case, his or her claim will be granted, subject only to the court's discretion.
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.Beth would be compelled to go through with the sale.
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.