Is specific performance the solution you need?

| May 26, 2016 | Real Estate Disputes |

The sale and purchase of real estate in Miami can be an exciting transaction for everyone involved, and if you are the buyer, you are probably looking forward to taking over the property and making it your own. After the deal is done and the contract has been signed, discovering that the seller has not fulfilled his or her side of the bargain can cause a considerable amount of distress. According to the National Law Review, the court system recognizes the fact that often during a real estate dispute, money is not the answer to your problem.

Although you may have the option to sue for financial damages, these may not be a satisfactory conclusion to your situation. On the other hand, the breach of contract may still be addressed in court and your expectations realized. However, you may be able to file a claim demanding that the terms of the contract be met through the specific performance of the action that breached the agreement. The specificity demanded by the claim refers to the unique nature of the property and the action in question, and the judge will consider these and other particulars of your case before delivering a ruling.

If you are unsure whether the costs of going to court would justify the end result, you may want to check the language of your contract. It may call for the person who breaches it to pay for attorney’s fees. Although the information here is provided to give you a general overview of specific performance, it is for educational purposes only and should not be considered legal advice.

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