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Delaware Complaint for Specific Performance of Real Estate Agreement

State:
Delaware
Control #:
DE-LW-156
Format:
PDF
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Complaint for Specific Performance of Real Estate Agreement
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FAQ

Specific performance is only ordered in situations in which monetary damages would be inadequate to compensate the injured party. When specific performance is ordered, money damages are usually not ordered as the moving party is typically not entitled to both types of damages.

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract.Later, the court of equity developed the remedy of specific performance instead, should damages prove inadequate.

Specific performance is only ordered in situations in which monetary damages would be inadequate to compensate the injured party. When specific performance is ordered, money damages are usually not ordered as the moving party is typically not entitled to both types of damages.

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 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.

Specific Performance asks the court to force the opposing party into a contract that binds them to actually perform the contract at issue, rather than award damages for breach of contract. In real estate litigation, a buyer can force a reluctant seller to live up to the purchase and sale agreement.

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.

Specific performance is only ordered when money damages are an insufficient remedy for the party's failure to perform a contract. Thus, specific performance orders are usually for unique items such as real estate, antiques, heirlooms and artworks.

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. Remedy of specific performance which is affected in case of breach of contracts is provided by the equity courts.

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Delaware Complaint for Specific Performance of Real Estate Agreement