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

State:
Multi-State
County:
Broward
Control #:
US-00120
Format:
Word; 
Rich Text
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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 Broward County, Florida Contract for the Lease and Mandatory Purchase of Real Estate is a legally binding agreement designed to outline the terms and conditions for leasing and eventual purchase of real estate properties within Broward County, Florida. This contract is particularly notable for its inclusion of a "Specific Performance" clause, which ensures that both parties are obligated to fulfill the terms of the contract without any discretion for cancellation or backing out. The specific performance clause within this contract serves as a powerful tool to protect the parties involved by compelling them to adhere to the terms agreed upon. Essentially, it legally binds both the lessor (property owner) and lessee (tenant) to perform all the agreed-upon obligations, actions, and responsibilities detailed within the contract throughout the entire leasing period, including the ultimate purchase of the property. By including the specific performance clause in this contract, any breach or failure to comply with the terms of the agreement by either party may result in legal action being taken by the aggrieved party for the enforcement of the contract. This clause allows for judicial intervention to enforce the contract and to pursue specific performance remedies, compelling the breaching party to fulfill their obligations as stated in the agreement. It is important to note that Broward County, Florida recognizes different types of contracts for the lease and mandatory purchase of real estate with specific performance clauses. Some common variations include residential lease contracts with an option to purchase, commercial lease contracts with a mandatory purchase clause, and lease-to-own contracts. Each type caters to different needs and preferences, allowing flexibility for individuals and businesses seeking real estate in Broward County. In conclusion, the Broward County, Florida Contract for the Lease and Mandatory Purchase of Real Estate with its specific performance clause acts as a powerful legal framework ensuring the adherence to agreed-upon terms and offering remedies in the event of breaches. This contract provides security and assurance for both parties involved, fostering a fair and transparent transaction for leasing and eventual purchase of real estate within Broward County, Florida.

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FAQ

Specific Performance in CA Law In real estate contracts, specific performance is a common remedy for sellers to judicially force the performance of the buyer by court order. It is a way for the court to order the transfer of the property as a remedy in a contractual dispute when cash damages are not sufficient.

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.

Believe it or not, sellers in Florida can sue buyers for specific performance of real estate sale contracts. The seller sues the buyer to require the buyer to perform a contract by accepting a deed to the property upon payment of the purchase price.

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.

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 according to the terms of a contract.

Specific performance is a remedy developed by principle of equity. A party to a contract who is damaged because the contract is breached by another party has the option to file a suit for specific performance compelling to perform his part of contract.

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.

If a buyer does decide to back out, the seller can argue that they are entitled to keep the deposit and sue the buyer for the loss in value of the property on a resale. The consequences for a buyer breaching its contract can be substantial and far exceed the initial deposit.

(1) Except as otherwise provided in this Act, specific performance of a contract shall, be enforced when the act agreed to be done is in the performance wholly or partly of a trust. (2) A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.

The rule in Florida is well established that in a suit for specific performance of a contract for the sale of realty the plaintiff must do more than prove his case by a preponderance of the evidence; he must prove his case by competent and satisfactory proof which must be clear, definite, and certain.

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From Sam and wanted her to represent him in the purchase. Items 1 - 14 — licenses and certifications required to undertake and complete the project.Broward County and Hillsboro Inlet, Florida. Now, Goldwater attorneys are looking for consecutive victories in court.

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