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

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US-00120
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Description

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 Georgia Contract for the Lease and Mandatory Purchase of Real Estate is a legal document used in the state of Georgia that outlines the terms and conditions for leasing a property with an obligation for the tenant to eventually purchase the property. One of the key clauses within this contract is the specific performance clause. The specific performance clause in the Georgia Contract for the Lease and Mandatory Purchase of Real Estate is a provision that ensures that both parties to the contract fulfill their obligations as written. It is a legal remedy that can be sought by either party if the other party fails to perform their duties as outlined in the contract. Under this clause, if the tenant fails to make the required lease payments, maintain the property, or fulfill any other obligations stated in the contract, the landlord may file a lawsuit seeking the specific performance of the tenant's obligations. This means that the landlord can ask the court to order the tenant to fulfill their contractual duties, such as making the required lease payments and taking care of the property. Similarly, if the landlord fails to fulfill their obligations, such as providing necessary repairs or addressing any issues with the property, the tenant can also seek specific performance from the court. This would involve asking the court to order the landlord to perform their duties as outlined in the contract, ensuring that the property is adequately maintained and any necessary repairs are made. The purpose of the specific performance clause is to ensure that both parties are held accountable for their obligations under the Georgia Contract for the Lease and Mandatory Purchase of Real Estate. It provides a legal remedy that goes beyond mere monetary damages and allows for the enforcement of the contractual obligations, ultimately seeking to protect the interests of both parties. It is important to note that there may be different types of Georgia Contract for the Lease and Mandatory Purchase of Real Estate — Specific performance clauses that can be included in the contract, depending on the specific terms negotiated between the landlord and tenant. However, the general purpose remains the same, which is to enforce the performance of the contractual obligations by either party.

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FAQ

Specific performance is an order of the court requiring a party to a contract to perform their obligations under the contract. Before the court makes an order for specific performance, a party must establish that there is a binding contract on foot and that the other party has breached.

An equitable remedy to compel a party to perform the specific terms of a contractual provision, rather than simply pay monetary damages as compensation for a breach.

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.

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.

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.

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.

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.

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.

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.

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Generally, a real estate sales contract with the term ?time is of the essence? makes it obligatory for both parties to complete performance within a specified ... In this case involving the breach of a real estate sales contract,seeking specific performance of a contract to sell or lease property; ...Specific performance typically arises in a real estate transaction.a contract to purchase real property can be specifically enforced. For article discussing options to purchase realty in Georgia,To constitute valid sale of real estate which will support suit for specific performance, ... Specific performance is a remedy in contract law that is most often applied in real estate litigation and disputes where a court issues an ... 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 ... Clairmont Place, there was a dispute as to whether Clairmont, the owner of a commercial property, was required to comply with a provision in a Leasing ...27 pages Clairmont Place, there was a dispute as to whether Clairmont, the owner of a commercial property, was required to comply with a provision in a Leasing ... A common example of specific performance is when a buyer seeks an order compelling a property seller to complete a sale required by the parties' contract. Ing Liquidated Damages Law for Real Estate Contracts:specific performance would be available to a seller of realCorp., 531 S.E.2d 192, 195?96 (Ga.

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