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 Massachusetts Contract for the Lease and Mandatory Purchase of Real Estate — Specific performance clause is a legal document that establishes an agreement between a landlord and a tenant for the lease and subsequent purchase of real estate. This contract is specific to Massachusetts and contains provisions related to specific performance. Specific performance is a legal remedy that aims to ensure that the terms of a contract are enforced as agreed upon. In the context of this contract, the specific performance clause requires both the landlord and the tenant to fulfill their obligations under the lease agreement, including the mandatory purchase of the property at a future date. There can be different types of Massachusetts Contracts for the Lease and Mandatory Purchase of Real Estate: 1. Residential Lease with Mandatory Purchase: This type of contract is typically used for residential properties, where a tenant wishes to lease the property with the intent to purchase it in the future. The specific performance clause in this contract ensures that both parties fulfill their obligations for the lease and eventual purchase of the property. 2. Commercial Lease with Mandatory Purchase: This type of contract is designed for commercial properties, such as shops, offices, or retail spaces, where a tenant desires to rent the property with the intention of purchasing it at a later date. The specific performance clause in this contract applies to the lease and purchase agreement, safeguarding the interests of both parties. Regardless of the type of contract, the specific performance clause offers protection to both the landlord and the tenant by making it legally binding for both parties to perform their obligations outlined in the lease agreement. If either party fails to fulfill their obligations, the injured party can seek specific performance from the court, compelling the defaulting party to carry out their contractual obligations. This could involve completing the purchase of the property or paying the agreed-upon rent or purchase price. It is important for both landlords and tenants to carefully review and understand the specific performance clause in the Massachusetts Contract for the Lease and Mandatory Purchase of Real Estate to ensure compliance with the terms of the agreement. Seeking legal advice or consulting with a real estate professional experienced in Massachusetts real estate laws can help in drafting and understanding the specific performance clause accurately.