Maine 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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FAQ
Courts will enforce specific performance only if the contract is fair and equitable. Apart from real estate, courts have ordered specific performance for: Works of art.
The Anglo-American rule (in theory) partitions the remedy into two mutually exclusive categories: cases where damages are adequate, in which case money is the exclusive remedy; and cases where damages are not adequate, in which case specific performance is the exclusive remedy.
Breach of contract performance refers to when one of the parties involved in an agreement does not follow through on its obligations. When two individuals or companies enter into a contract, they each agree to perform some kind of action.
If the seller continues to refuse to complete the transaction, the next step is a specific performance lawsuit. To win, the buyer must show that there was a valid contract for the sale with specific terms and conditions, that the buyer is willing, ready and able to complete the sale, and the seller refuses.
Prevention of performance ? this is the least common type of an anticipatory breach. It is a breach caused by an event that makes it impossible for a party to perform. This type of breach normally excludes the element of fault on behalf of the defaulting party (unless a guarantee of performance is given).
With Assuming the deal is not contingent on another sale, and the seller wants out in order to get a better deal or simply changes their mind, the buyer has a remedy in the form of a suit in court for specific performance, seeking a court order requiring the seller to perform as the seller originally contracted to do.
Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. Monetary damages are typically favored over specific performance as a remedy for breach of contract.
Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. Monetary damages are typically favored over specific performance as a remedy for breach of contract.