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Specific performance

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Specific performance

Postby kachibibi » Tue Jul 14, 2015 10:08 am

There are two major remedies that a purchaser can seek for a vendor's breach of a sale and purchase agreement of land.

1) P recover the deposit from V's solicitor and terminate the agreement.

2) P seek specific performance from the court instead to get the property.

I have a question. If the V's breach is failure to show and give good title, which is a major breach by vendors, normally the P opts for the first remedy i.e. recover the deposit+ terminate the agreement. But is it common or reasonable that P opts for specific performance--I mean getting the property instead?

I think deeply. I think it is rather strange for a P to proceed to get the property if V fails to show and give a good title (if V fails to do this, P must lack confidence about the property, and hence not logical that P will proceed to get the property via specific performance).

Hope you can use simple words! :D
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Re: Specific performance

Postby atticus » Tue Jul 14, 2015 10:17 am

Simple words: I agree. P may go for specific performance if he wishes to take whatever the risk is.
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Re: Specific performance

Postby dls » Tue Jul 14, 2015 5:02 pm

But is it common or reasonable that P opts for specific performance--I mean getting the property instead?


Very uncommon. Indeed for many years in the large majority of transactions title issue are identified before exchange. The logic of the decision you propose follows only where title is deduced after exchange.
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