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

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US-00120
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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 Oregon Contract for the Lease and Mandatory Purchase of Real Estate is a legal document that outlines the terms and conditions for leasing a property in Oregon with the option to purchase it in the future. This contract includes a specific performance clause, which is a provision that requires all parties involved to fulfill their obligations as agreed upon in the contract. The specific performance clause is designed to ensure that both the landlord/property owner and the tenant/buyer fulfill their contractual obligations. It states that if either party fails to perform their duties as outlined in the contract, the other party can seek a court order to enforce the specific terms of the agreement. In other words, if one party breaches the contract, the other party can ask the court to force the defaulting party to carry out their responsibilities as agreed upon. This clause is particularly important in the lease and mandatory purchase of real estate agreement because it provides security for the tenant/buyer. It guarantees that the landlord/property owner cannot back out of the agreement or sell the property to someone else during the lease term. It also ensures that the tenant/buyer has the right to purchase the property at the agreed-upon price once the lease term is over. However, it's worth noting that specific performance is not always granted by the court. If it is deemed impractical or unfair, the court may instead award monetary damages as compensation for the breached contract. This depends on the circumstances and the judge's discretion. There are no different types of Oregon Contracts for the Lease and Mandatory Purchase of Real Estate — Specific Performance clauses. However, specific performance clauses can vary slightly from contract to contract depending on the specific terms and conditions agreed upon by the parties involved.

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  • Preview Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause
  • Preview Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause
  • Preview Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause
  • Preview Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause
  • Preview Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause
  • Preview Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause
  • Preview Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause
  • Preview Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause
  • Preview Contract for the Lease and Mandatory Purchase of Real Estate - Specific performance clause

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FAQ

Specific performance is an equitable relief granted by the Court to enforce contractual obligations between the parties. It is a remedy in performance as opposed to a claim sounding in damages for breach of contract where pecuniary compensation is granted as relief for failure to carry out the terms of the contract.

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 of a contract cannot be enforced in favour of a person: (a) who has obtained substituted performance of contract under section 20 or (b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract

(1) Except as otherwise provided in this Act, specific performance of a 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.

When Specific Performance Is Not Granted The court will avoid specific performance in the following situations: It is impossible for the breaching party to fulfill the terms of the contract. Strict adherence to the contract would harm the defendant. The contract was created in bad faith, is invalid, or is unenforceable.

Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overreaching; and 5) lack of remedy at law. Shreeve, 65 Ariz.

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.

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 to complete performance of the contract.

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.

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