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New Hampshire 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 New Hampshire Contract for the Lease and Mandatory Purchase of Real Estate is a legal document that outlines the terms and conditions of leasing a property in the state of New Hampshire, with an additional provision for mandatory purchase. This contract includes a specific performance clause, which is a crucial provision defining the parties' obligations to fulfill the terms of the agreement. The specific performance clause in this contract ensures that both the tenant and the landlord are required to fulfill their respective obligations as stated in the lease and purchase agreement. It provides an added layer of protection against any breach of contract, as it allows the injured party to seek a court order compelling the other party to perform their obligations as agreed upon. The specific performance clause is particularly important in cases where monetary compensation alone may not fully remedy the breach. For example, if the tenant failed to vacate the property at the end of the lease term, the landlord can seek specific performance to force the tenant to leave rather than relying solely on seeking financial damages. Different types of New Hampshire contracts for the lease and mandatory purchase of real estate may vary in terms of specific performance clauses. For example, some contracts may have a general specific performance clause that covers all aspects of the agreement, while others may have specific clauses for different obligations, such as rent payments, property maintenance, or purchase obligations. In any case, the specific performance clause aims to provide a legal mechanism for enforcing the terms of the lease and purchase agreement, ensuring that both parties fulfill their obligations and protecting their respective rights.

The New Hampshire Contract for the Lease and Mandatory Purchase of Real Estate is a legal document that outlines the terms and conditions of leasing a property in the state of New Hampshire, with an additional provision for mandatory purchase. This contract includes a specific performance clause, which is a crucial provision defining the parties' obligations to fulfill the terms of the agreement. The specific performance clause in this contract ensures that both the tenant and the landlord are required to fulfill their respective obligations as stated in the lease and purchase agreement. It provides an added layer of protection against any breach of contract, as it allows the injured party to seek a court order compelling the other party to perform their obligations as agreed upon. The specific performance clause is particularly important in cases where monetary compensation alone may not fully remedy the breach. For example, if the tenant failed to vacate the property at the end of the lease term, the landlord can seek specific performance to force the tenant to leave rather than relying solely on seeking financial damages. Different types of New Hampshire contracts for the lease and mandatory purchase of real estate may vary in terms of specific performance clauses. For example, some contracts may have a general specific performance clause that covers all aspects of the agreement, while others may have specific clauses for different obligations, such as rent payments, property maintenance, or purchase obligations. In any case, the specific performance clause aims to provide a legal mechanism for enforcing the terms of the lease and purchase agreement, ensuring that both parties fulfill their obligations and protecting their respective rights.

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FAQ

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 is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.

Specific performance is an equitable relief granted by the Court to enforce contractual obligations between the parties. It is a remedy in performance as opposed to a claim sounding in damages for breach of contract where pecuniary compensation is granted as relief for failure to carry out the terms of the contract.

Contracts that include terms opposing state or federal law are automatically unenforceable. For example, if an employer forces an employee to sign a contract that prevents him or her from taking sick leave, it would be considered unenforceable.

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.

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.

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.

When Should a Court Enforce Specific Performance? Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overreaching; and 5) lack of remedy at law.

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These clauses typically have a specific period of time and are not specific to a monthly payment. Acceleration clause a real estate acceleration clause for new borrowers when you take out a new mortgage you do not pay for one mortgage until the loan is fully paid off and the lender is prepared to accept less or your interest rate will be more expensive after acceleration clause a contract can accelerate a loan for principal or interest rate changes at any time. These clauses typically have a specific period of time and are not specific to a monthly payment. Mortgage acceleration clause a contract can accelerate a loan for principal or interest rate changes at any time. This clause is designed to allow the lender to increase the interest rate a borrower is required to pay or the amount they are required to pay.

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