Specific Performance: A Remedy to Breach of Real Estate Contract

On several occasions, when two parties enter into an Agreement of Purchase and Sale, there can be a breach of agreement where the buyer fails to carry out a transaction. This is usually when the buyer fails to secure the required funds. In such a case, the seller is entitled to any loss of profit they suffer if they have to resell the property to another buyer at lower prices. However, what is the remedy if the seller is at fault. Here is everything you need to know about specific performance agreements and how a board certified attorney can help you if you were to encounter such a situation.

How Can a Real Estate Attorney Help with Specific Performance?

Mandate the Buyer to Carry Out Obligations

Specific performance is a remedy used to put the aggrieved party into the place where they would have been if the contract had not been breached. A Fort Myers real estate lawyer can help you understand more about specific performance and how it can hold the defaulter to their original obligations under the contract and mandate them to carry out the terms and conditions under the contract.

Protect from Legalities

While assistance on specific performance by a board certified attorney can be a huge help to an aggrieved buyer, sellers facing this situation can also reach out to real estate lawyers for advice.

A board-certified attorney can protect the seller against certain legal provisions.

Simplify Legal Terms

It is important to understand that specific performance is not black and white. If you are a buyer in Florida and have encountered a breach of contract, you must understand that it must be proven before the court that the seller was ‘ready, willing and able to perform under the contract. As easy it may seem, the phrase is a legal term and very difficult to prove. This is where a Fort Myers real estate attorney can help. 

A lawyer can help a buyer put together all closing documents with signature and evidence that he had all of the purchase funds ready on the closing date. 

The necessary documents must be put together in an order that is acceptable to the court. Without legal help, this can be a confusing and long-drawn process. Most board certified attorneys have their back-end teams who can take care of the paperwork in an order that is acceptable in court. 

If you are struggling with a specific performance legal tussle, you can reach out to real estate expert attorneys at Hale Law Services – the leading name in

Reach Out for Expert Advice on Real Estate

Hale Law Services specializes in real estate regulations and transactions. From assisting buyers and sellers legally through real estate transactions to the preparation of closing documents, the board certified attorneys at Hale Law can help you ease real estate legalities for you. You can reach out to us by calling us at 239-931-6767. We would be happy to help you!

By |2022-11-08T01:03:36-05:00May 28th, 2021|Real Estate Law|0 Comments

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