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Missouri Complaint for Specific Performance of Real Estate Contract

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This is a multi-state form covering the subject matter of the title.

A Missouri Complaint for Specific Performance of Real Estate Contract is a legal document filed by a party in a real estate transaction seeking a court order to enforce the terms of a real estate contract. It is used when one party fails to fulfill their obligations outlined in the contract for the purchase or sale of real property. The complaint typically includes the following details: the names of the plaintiff (the party filing the complaint) and the defendant (the party accused of breaching the contract); a description of the real estate property involved in the contract; a summary of the terms of the contract; a statement outlining how the defendant has failed to perform their obligations; and a request for specific performance, which is an order from the court requiring the defendant to fulfill their contractual obligations. Keywords: Missouri, complaint, specific performance, real estate contract, legal document, court order, enforce, terms, purchase, sale, real property, party, obligations, plaintiff, defendant, breaching, contract, description, summary, perform, request. Different types of Missouri Complaints for Specific Performance of Real Estate Contract may include variations based on the specific circumstances of the case, but the purpose of seeking specific performance remains the same. The types may include Complaint for Specific Performance due to failure to transfer title, Complaint for Specific Performance due to failure to deliver possession, or Complaint for Specific Performance due to failure to make necessary repairs, among others. Each type of complaint will focus on the particular breach of the real estate contract to seek legal remedy and the enforcement of the contract terms.

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Four Types of Damages Available in a Breach of Contract Compensatory damages. Compensatory damages aim to restore the party who did NOT breach the contract back to the position they would have been in if the other party had held up their end of the deal as promised. Punitive damages. ... Nominal damages. ... Liquidated damages.

?(1) Except as otherwise provided in this Act, specific performance of a 1[contract shall], be enforced when the act agreed to be done is in the performance wholly or partly of a trust. (2) A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.

A specific performance clause is a specialized type of contractual equitable relief that may require a defendant to complete the terms of a contract when the court believes that no other remedy (for example, money) will sufficiently compensate the injured party.

A breach of that contract happens when either you or your employer breaks one of the terms, for example your employer doesn't pay your wages, or you don't work the agreed hours. Not all the terms of a contract are written down.

This is specific performance. For example, in a dispute over real property where one person has changed their mind about selling a house, a court can order that the real estate contract be honored. The judge will require that the purchase go through, even if earnest money has already been exchanged.

Specific performance is granted by courts when damages are insufficient to adequately address the unique circumstances of a case. In real estate transactions, the intended use of the property may be predicated on its distinct features, making damages an inadequate solution.

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.

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.

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Others apply only to specific types of cases. Be careful to use the form that fits your case and the type of pleading you want to file. Be careful to change the ... Based on the foregoing, in the above-scenario involving real estate, the purchaser may reasonably pursue a specific performance claim by arguing, among other ...... complete the transaction and transfer title according to the terms of contract ... specific performance ordering the parties to perform and complete the sale. Oct 8, 2013 — Magruder filed suit in the Circuit Court of Boone County on. January 19, 2007 alleging counts for specific performance of the Operating ... The trial court exceeded its discretion in granting specific performance of a contract to sell real estate. ... real estate refuses to complete contract no ... When a buyer is seeking specific performance, he or she may file a notice of pendency to prevent any transfer of the real property. This notice is typically ... How to fill out Specific Performance Draft? When it comes to drafting a legal document, it is easier to delegate it to the specialists. Nevertheless, that ... The Buyers claim error in the trial court's failure to award damages in addition to specific performance for the increased costs of financing and of ... Mar 15, 2012 — A complaint for specific performance must allege: (a) the making of a specifically enforceable type of contract, sufficiently certain in its ... Nov 29, 2018 — Write a paragraph describing the breach. The paragraph should lay out the facts, including dates, and how, specifically, the buyer committed the ...

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Missouri Complaint for Specific Performance of Real Estate Contract