Montana 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
Hence, the statement of a cause of action in a suit for specific performance calls for two kinds of allegations: those that establish the right to recover for breach of contract, as well as those that are essential to the granting of the equitable remedy of specific performance.
The plaintiff must prove several elements to obtain specific performance. First, the plaintiff must show that there is a valid and enforceable contract between the parties. Second, the plaintiff must demonstrate that they are ready, willing, and able to perform their obligations under that contract.
For example - where a contract is for purchase of real estate, an action for specific performance asks the court to order the defendant to sell the property to the plaintiff on the terms stated in the contract.
Generally, a party cannot obtain specific performance of personal service contracts or employment contracts. This is because of the Thirteenth Amendment barring involuntary servitude. However, breach of a service or employment contract can subject the breaching party to a suit for damages.
Specific performance is a remedy which is always available in: real estate contracts. Courts may reform a contract: to reflect the parties' true intentions.
It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court.
Specific performance is typically awarded when money cannot adequately compensate the injured party and when the contractual obligation is unique or difficult to value.
A specific performance clause is part of a contract that calls for the party that breaches a contract to fulfill the terms of the contract (as opposed to paying a monetary penalty). Specific performance clauses are used primarily in cases where a monetary award would not be sufficient.