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

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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.

The Colorado Contract for the Lease and Mandatory Purchase of Real Estate is a legal document that outlines the terms and conditions for leasing a property with a mandatory purchase option. It includes a specific performance clause which ensures that both parties involved in the contract fulfill their obligations as stated. The specific performance clause in the Colorado Contract for the Lease and Mandatory Purchase of Real Estate holds significance as it ensures that any breach of the terms outlined in the contract can result in a court order mandating the defaulting party to perform their contractual duties. This clause provides a legal remedy for the non-breaching party, ensuring that they receive the agreed-upon benefits of the contract. There may be different types of specific performance clauses in the contract, depending on the nature of the lease and purchase agreement. Common types include: 1. Lease with Option to Purchase: This type of specific performance clause is applicable when a tenant has the option to purchase the property at the end of the lease term. It guarantees that the landlord is obligated to sell the property to the tenant if they decide to exercise the purchase option. 2. Lease with Obligatory Purchase: In this case, the specific performance clause dictates that the tenant is legally obliged to purchase the property at the end of the lease term, provided they fulfill certain conditions specified in the contract. This clause ensures that the tenant cannot back out of the purchase obligation. 3. Land Contract: A land contract is another type of specific performance agreement where the buyer agrees to make regular payments to the seller, similar to mortgage payments, until the full purchase price is paid. The specific performance clause ensures that if the buyer fails to make the payments as agreed, the seller can seek a court order to enforce the performance of the contract. 4. Breach Remedies: The specific performance clause may also define the consequences of breaching the contract and failing to perform obligations. It may specify remedies such as monetary damages or specific actions that need to be taken to rectify the breach. Overall, the Colorado Contract for the Lease and Mandatory Purchase of Real Estate with a specific performance clause is a legally binding document that protects both parties' rights and ensures compliance with the terms of the agreement. It provides a mechanism to address breaches and enforce the performance of the contract, depending on the specific type of lease and purchase agreement.

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FAQ

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.

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract.

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.

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.

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.

If you're considering purchasing or selling a resale home (meaning an existing home rather than a new build home) in Colorado, the agreement under which you might purchase or sell the property is the Colorado Real Estate Commission's (CREC) Contract to Buy and Sell Real Estate (Residential).

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.

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.

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