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.
Delaware Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause
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Multi-State
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US-00120
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Word;
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How to fill out Contract For The Lease And Mandatory Purchase Of Real Estate - Specific Performance Clause?
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FAQ
Specific performance is an equitable relief granted by the Court to enforce contractual obligations between the parties. It is a remedy in performance as opposed to a claim sounding in damages for breach of contract where pecuniary compensation is granted as relief for failure to carry out the terms of the contract.
Which of the following is needed in order to satisfy the UCC's requirement for a written document? The contract or memorandum needs only to state the quantity to be sold.
According to U.C.C. Section 2-201 , any contract for the sale of goods for the price of $500 or more must be in writing. There are, however, certain exceptions to this rule in which an oral contract for the sale of goods of $500 or more will be enforced.
Contracts Required to be in Writing: At a GlanceReal estate sales;Agreements to pay someone else's debts;Contracts that take longer than one year to complete;Real estate leases for longer than one year;Contracts for over a certain amount of money (depending on the state);More items...?
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.
Key Takeaways. The statute of frauds is a common law concept that requires written contracts for certain agreements to be binding. The statute applies to land sales and most purchases of goods over $500. There are significant exceptions, such as oral contracts where work has already started.
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.
First, it must evidence a contract for the sale of goods; second, it must be "signed", a word which includes any authentication which identifies the party to be charged; and third, it must specify a quantity.