New York 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
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.