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Complaint for Specific Performance of Real Estate Contract

Pima Arizona Complaint for Specific Performance of Real Estate Contract

Name: Pima Arizona Complaint for Specific Performance of Real Estate Contract
Brand: US Legal Forms
Rating: 4.57 (305 reviews)

Category:

Civil Actions - Specific Performance

State:

Multi-State

County:

Pima

Control #:

US-CMP-10065

Format:

Instant download

Description

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

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FAQ

Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overreaching; and 5) lack of remedy at law.

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 buyer is allowed to sue for specific performance if the seller refuses to move forward with her obligations under the agreed upon contract.

Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.

In which circumstances would a buyer most likely sue for specific performance? The seller backed out of the original sales contract.

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.

Specific performance is a common remedy for a failed purchase and sale of real property. By initiating a specific performance cause of action, the buyer or seller of real property asks the court to compel the other party to perform its contractual obligation to either buy or sell the property.

Requirements for Specific Performance: 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.

For a court to award specific performance as a remedy, several conditions must be met: A valid and binding contract must be in place. Monetary damages must be inadequate. Mutual obligation must be present, meaning both parties had duties to the other under the contract.

More info

It is a contract for the purchase or sale of real estate or a business. Refer to specific information about the nature of your complaint or complaint items.Please do not submit in storybook fashion. This type of remedy is known as "specific performance. Top-rated Real Estate Attorneys for over 40 years! Explore the complexities of handling escrow, title and financing issues in a real estate transaction. Claims and a host of tort and contract litigation. DISCLAIMER. This document is disseminated under the sponsorship of the U.S. Department of Transportation in the interest of information exchange. Checking and other deposit accounts, U.S. Small Business Administration loans, and certain real estate related loans. Provides equalization of all such properties to ensure fair taxation.

Pima Arizona Complaint for Specific Performance of Real Estate Contract

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What are the elements for specific performance?

What is the rule of specific performance?

Can a seller sue a buyer for specific performance Arizona?

When would a suit for specific performance be used?

In which circumstances would a buyer most likely sue for specific performance?

Are specific performance clauses enforceable?

Is specific performance a possible remedy for a seller's breach of a real estate contract?

How do you enforce specific performance?

When might a court award specific performance?

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