New Hampshire Complaint for Specific Performance of Real Estate Contract
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How to fill out Complaint For Specific Performance Of Real Estate Contract?
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FAQ
Breach of contract performance refers to when one of the parties involved in an agreement does not follow through on its obligations. When two individuals or companies enter into a contract, they each agree to perform some kind of action.
Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. Monetary damages are typically favored over specific performance as a remedy for breach of contract.
With Assuming the deal is not contingent on another sale, and the seller wants out in order to get a better deal or simply changes their mind, the buyer has a remedy in the form of a suit in court for specific performance, seeking a court order requiring the seller to perform as the seller originally contracted to do.
Prevention of performance ? this is the least common type of an anticipatory breach. It is a breach caused by an event that makes it impossible for a party to perform. This type of breach normally excludes the element of fault on behalf of the defaulting party (unless a guarantee of performance is given).
Courts will enforce specific performance only if the contract is fair and equitable. Apart from real estate, courts have ordered specific performance for: Works of art.
The Anglo-American rule (in theory) partitions the remedy into two mutually exclusive categories: cases where damages are adequate, in which case money is the exclusive remedy; and cases where damages are not adequate, in which case specific performance is the exclusive remedy.
Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. Monetary damages are typically favored over specific performance as a remedy for breach of contract.
If the seller continues to refuse to complete the transaction, the next step is a specific performance lawsuit. To win, the buyer must show that there was a valid contract for the sale with specific terms and conditions, that the buyer is willing, ready and able to complete the sale, and the seller refuses.