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Hawaii 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 Hawaii Contract for the Lease and Mandatory Purchase of Real Estate — Specific performance clause is a legal document that outlines the terms and conditions for leasing and mandatory purchase of real estate properties in the state of Hawaii. This contract is applicable in specific situations where the landlord requires the tenant to eventually purchase the property from them. The specific performance clause in this contract ensures that both parties are obliged to fulfill their obligations as stated in the agreement. It reinforces the concept of "specific performance," which means that the parties involved must perform exactly as specified in the contract, rather than seeking alternative remedies or compensation in the event of non-compliance. By including a specific performance clause, it eliminates any potential disputes or ambiguities that may arise during the tenure of the lease and mandatory purchase contract. It helps maintain transparency and forces both parties to act according to the terms stated in the agreement. Different types of Hawaii Contracts for the Lease and Mandatory Purchase of Real Estate — Specific performance clause can include: 1. Residential Lease with Mandatory Purchase: This type of contract applies when the property being leased is primarily for residential purposes. The tenant is obligated to lease the property for a specified period and must also purchase the property at a predetermined price within a certain timeframe. 2. Commercial Lease with Mandatory Purchase: In this scenario, the property is intended for commercial purposes. The tenant is granted the right to utilize the property for their business operations while also having the obligation to purchase it. The price and terms of the purchase are determined in the contract. 3. Agricultural Lease with Mandatory Purchase: This type of contract relates to properties used for agricultural purposes. The tenant leases the land for agricultural activities and has the responsibility to purchase the property after a specific period, usually when certain conditions or milestones have been met. 4. Mixed-Use Lease with Mandatory Purchase: This contract applies to properties that are utilized for both commercial and residential purposes. The tenant is bound by the terms of the lease for both aspects while also being obliged to purchase the property as stipulated in the agreement. Overall, the Hawaii Contract for the Lease and Mandatory Purchase of Real Estate — Specific performance clause provides a thorough framework for leasing and purchasing real estate properties, ensuring both parties adhere to their obligations as stated in the contract.

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FAQ

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.

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.

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.

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.

In which circumstances would a buyer most likely sue for specific performance? The seller backed out of the original sales 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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552.270-1 Instructions to Offerors?Acquisition of Leasehold Interests in Real Property. 552.270-2 Historic Preference. 552.270-3 Parties to Execute Lease. (Purchaser) and Purchaser agrees to buy from Seller the Property described below. 2. PROPERTY AND CONDOMINIUM DOCUMENTS: A. The Condominium Unit, ...A lease agreement may include additional clauses, spelling out other obligations for each party. For example, the lease may specify who is responsible for ... dated damages or specific performance. The Hawaii. LIQUIDATED DAMAGES IN HAWAII REAL ESTATE. PURCHASE AND SALE AGREEMENTS ... From what goes before. Used in legal writing to indicate a cause and effect relationship. A.L.T.A. - American Land Title Association. Ab Initio - From the ... How a Property Closing Might Fall Apart. Why would a buyer or seller suddenly change their mind after signing a purchase contract? There are ... Alternative Remedies of Liquidated Damages or Specific Performance Enforceableenforceability of a liquidated damages clause in a real estate contract. OverviewGovernmentwide Schedule BPAsHow are Schedule BPAs Diffe...1 of 3A Schedule BPA is an agreement established by a customer with a GSA Schedule contractor to fill repetitive needs for supplies or services (FAR 8.405-3).Continue on »2 of 3GSA manages several BPAs that are available to all Federal agencies. These BPAs were established to consolidate a specific need identified across government agencies. Federal Strategic Sourcing InitiaContinue on »3 of 3The difference between "traditional" Blanket Purchase Agreements (BPAs) and BPAs established under the GSA Schedules Program is that "traditional" BPAs are subject to the requirements of FAR Part 13. Continue on » A Schedule BPA is an agreement established by a customer with a GSA Schedule contractor to fill repetitive needs for supplies or services (FAR 8.405-3). PURCHASE CONTRACT. WRITE ?NA? IF NOT APPLICABLE. SECTION A: AGENCY DISCLOSURE. A-1 Agency. Buyer and/or Seller in a real estate transaction in Hawaii may ... Purchase Contract. 7. If seller does not give buyer access to the property for inspections, buyer may ask for extensions of J-1 or terminate the Purchase ...

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