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

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US-00120
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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 Indiana Contract for the Lease and Mandatory Purchase of Real Estate — Specific performance clause is a legally binding agreement that outlines the terms and conditions for leasing and purchasing real estate in the state of Indiana. This contract is specific to situations where the lease agreement includes a mandatory option for the tenant to purchase the property at a future date. The specific performance clause within this contract is a crucial provision that ensures the parties involved fulfill their obligations as agreed upon. This clause states that if either the tenant or the landlord fails to comply with the terms of the agreement, the injured party can seek a court order compelling the defaulting party to perform their duties under the contract. There are two main types of Indiana Contracts for the Lease and Mandatory Purchase of Real Estate — Specific performance clause: 1. Lease Option Agreement with Mandatory Purchase: This type of agreement allows the tenant to lease the property for a specified period with an option to purchase the property at a predefined price in the future. The specific performance clause in this contract ensures that both parties follow through with the mandatory purchase if the tenant exercises their option to buy. 2. Lease Agreement with Right of First Refusal: This type of agreement gives the tenant the right to purchase the property if the landlord decides to sell it during the lease term. The specific performance clause in this contract ensures that if the landlord receives an offer from a third party, they must first give the tenant the opportunity to purchase the property on the same terms. In both types of contracts, the specific performance clause serves as a deterrent against breach of contract. It aims to protect the interests of both parties by allowing the injured party to seek legal remedies, such as obtaining a court order for the completion of the contract. This clause is essential for ensuring that the lease and purchase agreements are enforced as intended and provides a means for resolution if either party fails to fulfill their obligations.

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

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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.

An equitable remedy to compel a party to perform the specific terms of a contractual provision, rather than simply pay monetary damages as compensation for a breach.

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.

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 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.

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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By DP STARK · Cited by 16 ? form purchase contracts from a base of 631 property reports.breach, such as specific performance, benefit of the bargain, reliance, or.51 pagesMissing: Lease ? Must include: Lease by DP STARK · Cited by 16 ? form purchase contracts from a base of 631 property reports.breach, such as specific performance, benefit of the bargain, reliance, or. A seller of residential real estate that fails to truthfully fill out asales contract, or a lease with an option to buy residential real estate that ...Ere is no law that requires the sellers to leave their property during an inspection. disclosure. I represent buyers who terminated a purchase contract a er ...48 pages ere is no law that requires the sellers to leave their property during an inspection. disclosure. I represent buyers who terminated a purchase contract a er ... How a Property Closing Might Fall Apart. Why would a buyer or seller suddenly change their mind after signing a purchase contract? There are ... A lease agreement may include additional clauses, spelling out other obligations for each party. For example, the lease may specify who is responsible for ... Acceleration Clause - A clause in a note, trust deed,Contract of Sale - An agreement entered into for the sale and purchase of property. IC 32-17-3-1Husband and wife purchase or lease of real estate; rights of survivor(C) a right to receive performance remaining due under a contract;. (Purchaser) and Purchaser agrees to buy from Seller the Property described below. 2. PROPERTY AND CONDOMINIUM DOCUMENTS: A. The Condominium Unit, ... Third (3rd) Party Financing Addendum ? If financing is required by the buyer in order to complete the purchase of the property (conventional ... The Contract Clause provides that no state may pass a Law impairing the Obligation of Contracts, and a law in this context may be a statute, ...

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