Cuyahoga Ohio Complaint for Specific Performance of Real Estate Contract

State:
Multi-State
County:
Cuyahoga
Control #:
US-CMP-10065
Format:
Word; 
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Description

This is a multi-state form covering the subject matter of the title.

Cuyahoga Ohio Complaint for Specific Performance of Real Estate Contract is a legal document filed in Cuyahoga County, Ohio, aimed at seeking court intervention to enforce a real estate contract that has been breached by one party. Specific performance refers to the remedy sought by the plaintiff, where they request the court to compel the breaching party to fulfill their obligations as outlined in the contract. The complaint is typically filed by the aggrieved party, also known as the plaintiff or the buyer, who believes that the other party, known as the defendant or the seller, has failed to adhere to the terms and conditions of the real estate contract. It is important to note that every complaint for specific performance is unique to the circumstances of the case. However, there might be different types of Cuyahoga Ohio Complaint for Specific Performance of Real Estate Contract based on specific situations, such as: 1. Residential Real Estate Complaint: This type of complaint is filed when a breach of contract occurs in relation to a residential property, including houses, apartments, condos, or townhouses. 2. Commercial Real Estate Complaint: This type of complaint is filed when a breach of contract occurs in relation to a commercial property, such as office buildings, retail spaces, or warehouses. 3. Vacant Land Complaint: This type of complaint is filed when a breach of contract occurs in relation to a vacant land or undeveloped property. 4. New Construction Complaint: This type of complaint is filed when a breach of contract occurs in relation to a real estate contract for the construction of a new property. Some relevant keywords to be used in the content could include: Cuyahoga County, Ohio, real estate, specific performance, breach of contract, plaintiff, defendant, residential, commercial, vacant land, undeveloped property, new construction.

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FAQ

Specific performance is an order directing the breaching party to perform the contract in the way specified by the court. It will only be ordered if damages will not provide adequate compensation and will not be awarded in relation to contracts of personal service.

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.

(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.

Obtaining Specific Performance in a Breach of Contract Specific performance is a legal remedy that binds the parties of a contract to the terms of the contract. Specific performance asserts that parties to a contract are to perform the exact terms of the contract as they promised to do when then contract was signed.

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.

A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. Remedy of specific performance, which is affected in case of breach of contracts, is provided by the equity courts.

Contracts which cannot be specifically enforced Where compensation in money is an adequate relief: Here the court will not order specific performance of contract as it is expected that the plaintiff will bank upon the normal remedy for breach of contract i.e. remedy of compensation.

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.

The court will avoid specific performance in the following situations: It is impossible for the breaching party to fulfill the terms of the contract. Strict adherence to the contract would harm the defendant. The contract was created in bad faith, is invalid, or is unenforceable.

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Cuyahoga Ohio Complaint for Specific Performance of Real Estate Contract