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

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Multi-State
City:
Houston
Control #:
US-00120
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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.

A Houston Texas Contract for the Lease and Mandatory Purchase of Real Estate with a Specific Performance Clause is a legally binding agreement between a landlord (the lessor) and a tenant (the lessee) that outlines the terms and conditions for leasing a property with an obligatory option for the lessee to purchase the property at the end of the lease term. This type of contract includes a specific performance clause, which ensures that both parties fulfill their contractual obligations according to the terms stated. The main purpose of the specific performance clause is to provide a remedy if either party fails to fulfill their obligations under the contract. In case of a breach, the injured party can seek specific performance from the court, which means that the court will order the breaching party to fulfill their contractual obligations, rather than simply providing monetary damages. Houston Texas has various types of Contracts for the Lease and Mandatory Purchase of Real Estate with a Specific Performance Clause, including: 1. Residential Lease and Mandatory Purchase Contract: This type of contract is used when leasing and purchasing a residential property, such as a house or a condominium. It outlines specific terms related to the use of the property, rent payments, purchase price, and any other conditions agreed upon by the parties. 2. Commercial Lease and Mandatory Purchase Contract: Designed for commercial properties, such as office spaces, retail stores, or industrial buildings, this contract covers specific terms relevant to the commercial nature of the property. It includes details regarding the use of the premises, rental amounts, purchase price, lease duration, and other provisions tailored to commercial activities. 3. Land Lease and Mandatory Purchase Contract: This type of contract is utilized when leasing and subsequently purchasing land without any existing structures. It delineates terms specific to land use, rent payments, purchase price, land survey requirements, and any other conditions agreed upon by the parties. 4. Multi-Unit Residential or Commercial Lease and Mandatory Purchase Contract: This contract is used when leasing and purchasing a multi-unit property, such as an apartment building or a shopping center. It covers all relevant terms related to leasing and purchasing multiple units within the property, including rental payments, purchase price allocation, responsibilities of each party, and any other agreed provisions. In summary, a Houston Texas Contract for the Lease and Mandatory Purchase of Real Estate with a Specific Performance Clause is a comprehensive legal agreement that governs the leasing and future purchase of a property. These contracts are tailored to specific types of real estate, such as residential, commercial, land, or multi-unit properties, providing clarity and protection for both landlords and tenants.

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FAQ

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.

Special Provisions are for any arrangements between buyer and seller that are NOT covered already in the contract or in a promulgated TAR/TREC Addendum available to Realtors.

Specific performance is an equitable remedy in Texas where a party (almost always the buyer) asks a court to force the seller to transfer the property according to the terms of an earnest money contract.

If the buyer breaches, then the seller can often terminate the contract and sue for money damages. For example, the seller might ultimately sell the home but for less than the amount included in the breached contract. The seller can sue to make up the difference.

When a buyer defaults, a seller has the option to sue for specific performance. This is an equitable remedy and an alternative to collecting monetary damages.

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 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.

In Texas, specific performance is not a cause of action, but it does provide an equitable remedy when a party breaches a real estate contract. Stafford v.

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