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Real Estate Specific Performance
Real estate contract is created when the seller and buyer sign the property. This agreement will be signed based on the value of the property. Every contract has some provision and it is duty of both seller and buyer to act legally. This provision has been framed legally so that the parties will compile. This provision has been enforced because one party may sue against another party to perform the task.
Specific performance is a legal requirement when party performs the act. This specific performance can be applied to many conditions, but it is more suitable for real estate transactions only. Since court has been determined that the property is unique, so specific performance is required compared to monetary damages.
In real estates, specific performance always demands the transfer of title. While dealing in a transaction the buyer always enforce the seller to transfer the title of property to him. The seller finds to difficult to transfer the property, because the seller might think that he may realized very low compared to the market price.
This Specific performance demands faces two situations. Often the Courts may not will to grant them because human nature is such that the defendant will often cause damages to the property or to the title of property.
When courts are cautious to grant specific performance demands, they find difficult to enforce real estate contracts. The court may grant you specific performance demand depending upon the law created in your state. The court grants something called a lis pendens. This lis pendens signifies the equivalent value of the monetary damages suffered by the buyer. It is also recorded against the act of the seller's property. This enforces the seller to pay back to the buyer, if the seller never wills to sell the property to the buyer. During the subsequent sale, the title insurance company reviews the title and notifies the new purchaser of the lis pendens and decline to issue title insurance. In no title insurance, the seller finds difficult to move the property.
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