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Idaho 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 Idaho Contract for the Lease and Mandatory Purchase of Real Estate is a legal agreement that outlines the terms and conditions for leasing a property with a mandatory option to purchase it at a later date. This contract includes a specific performance clause, which is a provision that requires all parties involved to fulfill their obligations as stated in the agreement. The specific performance clause is a crucial part of the contract as it ensures that both the landlord and the tenant adhere to their obligations and responsibilities. It provides legal recourse for the injured party in case of any breach or non-compliance with the terms of the agreement. Under this clause, if either party fails to perform their duties as specified in the contract, the injured party can seek specific performance through a court order. This means that the court can compel the defaulting party to fulfill their obligations, rather than simply awarding monetary damages. Specific performance is often sought in cases where the subject of the contract is unique or where monetary compensation would not adequately remedy the harm caused by the breach. There may be different types of Idaho Contracts for the Lease and Mandatory Purchase of Real Estate — Specific performance clause, each tailored to specific situations or property types. However, the specific performance clause remains a common and significant component in these contracts, safeguarding the rights and interests of both the lessor and the lessee. In summary, the Idaho Contract for the Lease and Mandatory Purchase of Real Estate — Specific performance clause is a legally binding agreement that establishes the terms for leasing a property with a subsequent option to purchase it. The inclusion of the specific performance clause ensures that all parties are held accountable for fulfilling their duties, and allows for legal action to be taken if there is a breach of the agreement.

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FAQ

(4) When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the court may direct specific performance of the former part.

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.

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.

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 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.

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.

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.

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