What is specific performance example?

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.

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California Complaint for Specific Performance of Rents and Profits...

Complaint For Specific Performance Of Contract

Category:

Landlord Tenant - Complaints

State:

California

Control #:

CA-5014-KL

Format:

Instant download

Description

The Complaint for Specific Performance of Contract is a legal form used to seek court enforcement of specific contractual obligations, particularly regarding the collection of rents and profits from a property. This form outlines essential information such as the identities of the parties involved, pertinent facts about the contract and property, and the specifics of the legal claims being made. It serves as a tool for plaintiffs to articulate their grievances and request the appointment of a receiver to manage the property in question. The form includes sections for preliminary allegations, descriptions of relevant legal documents, and detailed requests for relief. Attorneys, partners, owners, associates, paralegals, and legal assistants can use this form to initiate legal action or respond to disputes regarding contractual obligations. Proper filling and editing of the form require attention to detail, ensuring that all parties and claims are accurately represented. This form is particularly useful in real estate disputes where collections of rental income or adherence to property agreements are contested. Users should ensure compliance with local court rules and attach any supporting documentation as needed.

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How to fill out California Complaint For Specific Performance Of Rents And Profits Clause For Appointment Of Receiver?

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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. Shreeve, 65 Ariz.

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.

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.

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.

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.