A Complaint for Specific Performance or Damages Based on a Contract to Convey Real Property is a legal document in which a person or entity alleges that a contract for the sale of real property has been breached. This type of complaint is typically brought when the buyer of the property has paid the purchase price but has not received title to the property, or when the seller has failed to perform according to the terms of the contract. Depending on the facts of the case, the complaint may seek either specific performance or damages, typically seeking an order from the court that the seller convey the property or that the buyer receive damages for the breach. Types of Complaint for Specific Performance or Damages Based on a Contract to Convey Real Property include: 1. Breach of Contract Action: This type of complaint is typically brought when the buyer of the property has paid the purchase price but has not received title to the property, or when the seller has failed to perform according to the terms of the contract. 2. Quiet Title Action: This type of complaint is typically brought when the buyer of the property has paid the purchase price but has not received title to the property, and seeks a court order that the seller convey the property. 3. Damages Action: This type of complaint is typically brought when the seller has failed to perform according to the terms of the contract, and seeks an award of damages from the court for the breach.
Complaint for Specific Performance or Damages Based on a Contract to Convey Real Property
Description Damages Contract
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FAQ
The most common reason courts grant specific performance is that the subject of the contract is unique, when it's not merely a matter of money or where the true amount of damages is unclear. When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation.
Specific performance is a remedy in contract law that is most often applied in real estate litigation and disputes where a court issues an order requiring a party to perform a specific act, and to specifically perform ing to the terms of a contract.
Specific performance is the legal enforcement of a contract, typically after one party has breached the agreement. For example, a seller of a property executes a purchase agreement with a buyer and then decides they do not want to sell the property shortly thereafter.
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. Most commonly ordered in cases involving real property and rare chattels.
An example of specific performance is a venue that contracted with a popular comedian to perform on a specific evening. When the comedian attempted to pull out of the contract, the venue appealed to the court for specific performance.
The purpose of a specific performance clause is to provide protection for both parties to a contract or agreement when simple monetary compensation would not be adequate. This could involve the purchase or sale of unique property such as real estate, artwork, or other valuables.
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 the legal enforcement of a contract, typically after one party has breached the agreement. For example, a seller of a property executes a purchase agreement with a buyer and then decides they do not want to sell the property shortly thereafter.