Peter and Diane have signed a contract for the sale of Diane'shouse. When Diane refuses...

Peter and Diane have signed a contract for the sale of Diane's house. When Diane refuses to close, what remedy can Peter seek to obtain a Deed from her? a. Specific Performance b. Summary Judgement c. Stare Decisis d. Recision.

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Expert Solution

Correct answer is "a. Specific performance"

Specific performance is sometimes called an "equitable" remedy, because it involves a court using its discretion to order the nonperforming buyer or seller to perform and to complete the contract as if it had never been breached—that is, to sell or buy the house.

If the property seller is able to perform the various promises made in the contract, but is simply unwilling to do so, the buyer may bring a lawsuit for specific performance. The courts might grant this in recognition of the fact that each parcel of land is unique and that a monetary award would be inadequate, in which case the court will order the seller to convey the property to the buyer according to the terms of the contract.

keosha answered 1 year ago

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