New York Complaint for Specific Performance of Real Estate Contract

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US-CMP-10065
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This is a multi-state form covering the subject matter of the title.

A New York Complaint for Specific Performance of Real Estate Contract is a legal document filed with the court by a party seeking to enforce the terms of a real estate contract when the other party fails to fulfill their obligations. Specific performance is a remedy sought when monetary damages alone would not adequately compensate the injured party. In New York, there are different types of Complaints for Specific Performance of Real Estate Contract depending on the specific circumstances of the case: 1. Residential Real Estate Contract Specific Performance Complaint: This type of complaint is filed when there is a breach of a contract involving residential real estate. It can include cases where the seller refuses to transfer ownership or the buyer fails to complete the purchase. 2. Commercial Real Estate Contract Specific Performance Complaint: This complaint is filed when a contract involving commercial real estate has been breached. It could involve instances where one party fails to finalize the sale or purchase of a commercial property, or when a tenant refuses to vacate the premises despite the expiration of a lease. 3. Land Contract Specific Performance Complaint: This type of complaint is specific to cases where the parties have entered into a contract for the sale or purchase of land. It usually involves disputes over the transfer of ownership, failure to pay the agreed-upon purchase price, or failure to meet other contractual obligations. 4. Contract for Sale of Property Specific Performance Complaint: This complaint is filed when a party fails to perform their obligations under a contract for the sale of property, which may include residential or commercial real estate. It seeks the court's intervention to enforce the terms of the contract and compel the defaulting party to fulfill their obligations. Regardless of the specific type of Complaint for Specific Performance of Real Estate Contract in New York, it is crucial to include relevant keywords in the document to clearly communicate the nature of the claim to the court. These could include terms such as real estate, contract, specific performance, breach, seller, buyer, residential, commercial, land, purchase, sale, ownership, transfer, and obligations.

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FAQ

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.

The purpose of a specific performance clause is to provide protection for both parties to a contract or agreement when simple monetary compensation would not be adequate. This could involve the purchase or sale of unique property such as real estate, artwork, or other valuables.

?(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.

What does Performance of Contract mean? The performance of a contract is the carrying out of promises made by the parties. It can be done in several ways, including through action or inaction. For a contract to be valid, both parties must perform their obligations as laid out in the contract as agreed.

This type of relief requires the party that committed the breach to fulfill its end of the agreement. Under New York contract law, specific performance can be awarded under the following circumstances: When the amount of damages is difficult to determine. When the subject matter of the contract is unique.

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 an equitable remedy where the court orders the breaching party to fulfil its obligations under the terms of the contract.

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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 ... Requirements For Specific Performance Lawsuits. A complaint for specific performance must allege: · Act Promptly If A Deal Is Falling Apart. A seller may breach ...Jun 21, 2013 — The complaint for specific performance should also allege that the property is unique, and that money damages alone will not compensate the ... Oct 5, 2010 — The action to force the sale of real estate based upon a breach of contract starts with the filing of a Complaint with the Supreme Court in the ... Aug 25, 2023 — The plaintiff must prove several elements to obtain specific performance. First, the plaintiff must show that there is a valid and enforceable  ... In order to successfully fight a specific performance demand or lawsuit, the defending party must evaluate the facts and circumstances and be prepared to show ... Jun 8, 2022 — a summons and verified complaint, alleging ... of specific performance, a purchaser seeking specific performance of a real estate contract must. Mar 15, 2012 — A complaint for specific performance must allege: (a) the making of a specifically enforceable type of contract, sufficiently certain in its ... Jan 22, 2021 — In one of our BLOGS from last week, we addressed the remedy of specific performance in breached real estate contracts [HERE]. Jan 15, 2021 — The letter provided that “if the plaintiff failed to appear at the closing, he would be in default and would forfeit all rights under the ...

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New York Complaint for Specific Performance of Real Estate Contract