Idaho Complaint for Specific Performance of Real Estate Contract is a legal document filed by a party to a real estate contract in Idaho seeking specific performance of the contract terms. Specific performance is a remedy sought when damages are deemed inadequate, and it requires the breaching party to fulfill their obligations as stipulated in the contract. The Idaho Complaint for Specific Performance of Real Estate Contract is typically filed by the party seeking specific performance, known as the plaintiff, against the party who has failed to fulfill their contractual obligations, known as the defendant. This complaint is filed in the appropriate district court in the county where the real estate property is located. The complaint must state the facts of the case, including the existence of a valid and enforceable real estate contract, the plaintiff's performance or readiness to perform their obligations, the defendant's breach of the contract terms, and the specific relief sought, which is the performance of the contract. The plaintiff must also demonstrate that monetary damages would not adequately compensate for the loss suffered as a result of the defendant's breach. In Idaho, there are different types of Complaints for Specific Performance of Real Estate Contract that may be filed, depending on the nature of the breach and the desired outcome. These include: 1. Specific performance for the purchase of residential real estate: This type of complaint is filed when the plaintiff seeks to enforce the sale of a residential property as agreed upon in the contract. 2. Specific performance for the sale of commercial real estate: If the plaintiff is seeking the enforcement of the sale of a commercial property, this type of complaint would be filed. 3. Specific performance for the transfer of partial interest in real estate: In cases where the plaintiff is seeking the transfer of a partial interest in real estate, such as a fraction of ownership or specific rights, this complaint may be filed. 4. Specific performance for the performance of contractual obligations: This type of complaint is filed when the plaintiff is seeking specific performance of any other contractual obligations, such as repairs or improvements to the property, as outlined in the real estate contract. It is important to note that filing a Complaint for Specific Performance of Real Estate Contract is a complex legal process that requires the assistance of an experienced real estate attorney. This document serves as the initial step in initiating litigation to seek the fulfillment of a real estate contract in Idaho.
Idaho Complaint for Specific Performance of Real Estate Contract
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How to fill out Complaint For Specific Performance Of Real Estate Contract?
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5-217. Action on oral contract. Within four (4) years: An action upon a contract, obligation or liability not founded upon an instrument of writing.
(1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it.
5-216. Action on written contract. Within five (5) years: An action upon any contract, obligation or liability founded upon an instrument in writing.
For written contracts, the statute of limitations is five years. (Refer to §5-216.) For oral contracts, the statute of limitations is four years. (Refer to §5-217.)
(c) The department of health and welfare shall assume responsibility for costs after the involuntary patient is committed to the custody of the state of Idaho, beginning on the day after the director receives notice that a person has been committed into the custody of the department, until the involuntary patient is ...
An action against a sheriff, coroner or constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
For written contracts, the statute of limitations is five years. (Refer to §5-216.) For oral contracts, the statute of limitations is four years. (Refer to §5-217.)
Specific performance is usually available for the buyer in contracts for the sale of land. When there is an anticipatory breach, the nonbreaching party's obligations under the contract are discharged immediately.