July 17, 2018

Parties Seek Specific Performance Of Real Estate Contract

Contracts involving real estate may give rise to relief that is not available under other contracts.  Through specific performance, a court may order a party to perform a specific act.  In a recent federal case, the plaintiffs allegedly lived in a residential village.  The defendant allegedly was the village’s developer and owned and operated the village.  The plaintiffs alleged that pursuant to a residency agreement they had the right to live on certain property units for their lifetimes, subject to limited exceptions.  The defendant later allegedly notified the plaintiffs that they must move to another unit or move out of the village.  The plaintiffs sued the defendant for, among other things, breach of the residency agreement, for which they sought specific performance.  In evaluating whether the plaintiffs demonstrated whether they may be entitled to specific performance, the court stated that real estate sale contracts may give rise to specific performance because of the special status accorded to land as distinguished from other forms of property. The court found that the plaintiffs’ interest in this case appeared to resemble an ownership interest or a life estate, that the plaintiffs bargained to live in their units, and that the units were their primary residences for a number of years.  Accordingly, the court found that the plaintiffs demonstrated they may be entitled to specific performance of their contracts

For more information about the topic of this blog post, please contact Stark Weber PLLC’s Steven D. Weber at 305-377-8788 or steve@starkweber.com.