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Complaint for Specific Performance of Real Estate Contract

Santa Clara California Complaint for Specific Performance of Real Estate Contract

Name: Santa Clara California 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:

Santa Clara

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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How to fill out Santa Clara California Complaint For Specific Performance Of Real Estate Contract?

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FAQ

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.

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.

While sellers can sue for specific performance against a buyer over a failure to perform on a real estate contract, the remedy is rarely applicable and even more rarely sought.

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.

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.

You can sue for specific performance when there is a valid agreement to sell contract between the parties. Even if there is an unregistered agreement to sell suit for specific performance, it is also admissible in evidence for a specific performance suit.

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.

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.

Although it is unusual, a seller also has a legal right to bring an action for specific performance against a defaulting buyer under California law. Many real property purchase agreements provide for exclusive remedies to sellers.

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

More info

Specific performance typically arises in a real estate transaction. A lawsuit begins when the party who alleges that the other party breached the contract files a complaint in the appropriate court.Specific Performance of California Real Estate Contracts The Buyer Must Prove that they Satisfied Every Requirement of the Contract. MyGovID and your myGov account are different. Use your myGov account to access services like Medicare (COVID-19 vaccine certificate). Changing your name in your passport. Santa clara county pilot project . 8 billion state spending plan.

Santa Clara California Complaint for Specific Performance of Real Estate Contract

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FAQ

How do you enforce specific performance?

What is the rule of specific performance?

Which party is most likely to sue for specific performance in regards to the purchase of real estate?

Are specific performance clauses enforceable?

What are the elements for specific performance?

Can a seller file a suit for specific performance?

When would a suit for specific performance be used?

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Can a seller sue a buyer for specific performance in California?

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

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