Or worse, can the seller sue you as the buyer for backing out of the deal? Good luck. The attorney Third, a seller usually cannot obtain specific performance of the price if the buyer has not accepted the goods, whereas vendors of land can sue for the price of unaccepted property. In a typical contract dispute, the most common form of remedy is monetary damages, which is otherwise known as restitution. Right to take insurance: Specific performance is only allowed by the courts for contracts pertaining to unique items that cannot have a monetary value properly attached, such as parcels of real estate, one-of-a-kind artwork, and other unique items. On the other hand, courts do acknowledge that where one person's object was to buy or sell a property, mere money damages will not always be sufficient to rectify the breach. In other words, he wants the court to order the seller to obey the contract and convey the property to him. If a seller or buyer breaches a real estate contract, then one possible remedy is specific performance. In real estate, specific performance lawsuits are used to compel buyers or sellers to follow through with the deal. What does a seller of real estate get if successful in a lawsuit for specific performance against the buyer? Your access of/to and use In addition to ordering the buyer to close, the court can award incidental damages to the seller. 6). Several other damages are available to buyers who have been harmed by a breach of contract: But in very rare cases, when there are no other buyers for the property, the seller might sue the buyer for specific performance. But, that isn’t the limit of the buyer’s liability. A buyer may have more success in forcing specific performance against the seller, but even an open-and-shut case can involve lengthy court proceedings with no guarantee of success. Before you start looking for remedies for a broken deal, you need to make sure the seller really defaulted. With a specific performance lawsuit, the judge orders the reluctant seller or buyer to complete the contract, that is, to close the sale. The amount of the abatement is usually equivalent to the value of the property not conveyed. Legal actions take time and are expensive. (However, not all states permit this, such as Pennsylvania; state laws on real estate vary considerably.). If the buyer will not give a complete waiver, then the seller can put limits and conditions on the buyer's right to sue for specific performance, such as allowing specific performance only if the escrow is ready to close but the seller refuses to sign and deliver the deed. Can the party who wants the deal to go through stop the other party from wiggling out of it? A suit for specific performance may convince him to go forward with the purchase to avoid the cost. Buyer sues for specific performance. This Article does not analyze sellers' remedies; its concern is with cases in which the purchasers of goods, realty or services sue for specific performance. Specific performance is equitable relief and will only be awarded when damages would not make the buyer whole. Alternatively if the contract allows for it, the Seller can sue the Buyer for other monetary damages. However, if you are forced to trial because he refuses to close, you are looking at two years of litigation and tens of thousands in legal fees, and it sounds like the surgeon can and may be willing to outspend you. In that instance, the buyer may ask for “specific performance” of the contract, which is a remedy that is pretty much like it sounds, the seller actually has to perform what it contracted to do – convey the property. 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