• US Legal Forms

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

State:
Multi-State
Control #:
US-00120
Format:
Word; 
Rich Text
Instant download

Description

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 New York Contract for the Lease and Mandatory Purchase of Real Estate — Specific performance clause outlines the terms and conditions that must be met in a lease agreement for real estate properties in the state of New York. It includes a specific performance clause, which is a legal provision that ensures the parties involved in the contract fulfill their obligations as outlined in the agreement. The specific performance clause in the contract establishes that if either party fails to fulfill its obligations under the lease agreement, the injured party can seek enforcement of those obligations through a court order. This means that if one party fails to pay rent or violates any other terms of the lease, the other party can request the court to enforce the terms specifically mentioned in the contract. Moreover, if a tenant fails to purchase the property as agreed upon, the landlord can also seek specific performance, forcing the tenant to fulfill their obligation to purchase the property. This clause is particularly important in real estate transactions as it allows the injured party to pursue legal remedies beyond seeking mere monetary damages in case of breach of contract. By seeking specific performance, the non-breaching party can ensure that the other party fulfills their obligations as stated in the contract. This prevents the breaching party from escaping their duties by simply paying monetary damages. There are different types of New York Contracts for the Lease and Mandatory Purchase of Real Estate — Specific performance clause, based on the type of real estate or lease agreement being executed. For example, there may be separate contracts for residential properties, commercial properties, or industrial properties. Additionally, there may be different clauses to cover specific lease terms such as duration, rent payment, maintenance responsibilities, and conditions for purchase. In conclusion, the New York Contract for the Lease and Mandatory Purchase of Real Estate — Specific performance clause provides legal protection to both landlords and tenants in real estate transactions. It allows either party to seek specific performance from the courts if the other party fails to meet their obligations as specified in the lease agreement. This clause serves as a safeguard to ensure that the parties fulfill their responsibilities and provides a legal remedy beyond monetary damages.

Free preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview

How to fill out New York Contract For The Lease And Mandatory Purchase Of Real Estate - Specific Performance Clause?

If you need to acquire comprehensive, download, or print legal document templates, utilize US Legal Forms, the largest variety of legal forms available online.

Take advantage of the site's user-friendly search feature to find the documents you require.

Different templates for business and personal uses are categorized by types and states, or keywords.

Step 4. Once you have located the form you need, click the Buy now button. Choose the pricing plan you prefer and enter your details to register for the account.

Step 5. Complete the payment. You can use your credit card or PayPal account to finish the transaction. Step 6. Select the format of your legal form and download it to your device. Step 7. Complete, revise, and print or sign the New York Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause.

  1. Utilize US Legal Forms to obtain the New York Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause with just a few clicks.
  2. If you are already a US Legal Forms user, Log In to your account and click the Download button to obtain the New York Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause.
  3. You can also access forms you previously saved in the My documents section of your account.
  4. If you are using US Legal Forms for the first time, follow the instructions below.
  5. Step 1. Ensure you have selected the form for the correct city/state.
  6. Step 2. Use the Review option to check the form's details. Remember to read through the information.
  7. Step 3. If you are not satisfied with the form, use the Search area at the top of the screen to find alternative templates of the legal document type.

Form popularity

FAQ

Specific performance is an alternative equitable remedy to a cause of action for breach of contract.

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.

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.

A Standard Clause providing model language to plead a cause of action for specific performance of a contract under New York law. This Standard Clause has integrated notes with important explanations and drafting tips.

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.

Bringing a suit for specific performance. The seller can sue and receive specific performance only if monetary damages will not adequately compensate them and their sales contract does not solely limit them to liquidated damages limited to the amount held in escrow.

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.

Which of the following is needed in order to satisfy the UCC's requirement for a written document? The contract or memorandum needs only to state the quantity to be sold.

Interesting Questions

More info

Generally, a real estate sales contract with the term ?time is of the essence? makes it obligatory for both parties to complete performance within a specified ... Specific performance: Orders party in breach to fulfill contractFACTS: Mattei's real estate contract had a clause stating that the purchase was subject ...A short form purchase and sale agreement for commercial real property located in New York State favoring the purchaser. This form of purchase and sale ... The contract did not contain a rent acceleration clause and thein value of the actual property defendant promised to improve and lease. such as specific performance and a right to seek dam-essence? clause in a contract to purchase real estate;.13 pages ? such as specific performance and a right to seek dam-essence? clause in a contract to purchase real estate;. "The buyer under a real estate installment contract is the owner for realfor specific performance or an action to recover the unpaid purchase price. The tenant has a property interest in the land (historically, aon duties proscribed by either statutory law , the common law, or the individual lease. Contracts typically give the buyer a "due diligence" period in which to makeReal estate purchase contracts often contain a provision that requires the ...58 pages Contracts typically give the buyer a "due diligence" period in which to makeReal estate purchase contracts often contain a provision that requires the ... Buying or selling a home? Pleasant View Realty is here to help! Get definitions for real estate terms used in Wisconsin real estate from our REALTORS®.

The Real Estate Test Online Free Internet Test Prep Online Free Internet Test Preparation Testing Test Prep online learning test prep test-prep online test prep Online Test Prep online Test Prep Service Online Live Real Estate Classroom Online Mortgage Classes real estate for beginners website Real Estate Agent Online real estate agents free online real estate agent Webmaster.

Trusted and secure by over 3 million people of the world’s leading companies

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