Specific Performance In Texas

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Specific Performance For Texas Real Estate Silberman Law

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7 hours ago Forcing the Sale: Specific Performance in Real Estate

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Specific Performance For Texas Real Estate Silberman Law

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5 hours ago Specific Performance in Texas Real Estate Transactions. Specific performance is an equitable remedy in Texas where a party (almost always the buyer) asks a court to force the seller to transfer the property according to the terms of an earnest money contract. A party seeking the remedy of specific performance must prove and plead 1) …

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Specific Performance in Texas Silberman Law Firm, PLLC

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4 hours ago Specific performance is a safeguard for buyers and sellers in case one of the parties chooses to back out of a real estate contract. In Texas, specific performance is not a cause of action, but it does provide an equitable remedy when a …

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Forcing the Sale: Specific Performance in Real Estate

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6 hours ago The Texas Supreme Court has stated that “[T]o be entitled to specific performance, the plaintiff must show that it has substantially performed its part of the contract, and that it is able to continue performing its part of the agreement.

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The Dietrich Law Firm On Texas Law: Specific …

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9 hours ago Specific performance is not a separate cause of action, but rather is an equitable remedy used as a substitute for monetary damages when damages would not be adequate. Paciwest, 266 S.W.3d at 571; Stafford v. S. Vanity Magazine, Inc., 231 S.W.3d 530, 535 (Tex. App.–Dallas 2007, pet. denied). Because specific performance is an equitable remedy

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IN THE SUPREME COURT OF TEXAS

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9 hours ago Specific performance is an equitable remedy th at may be awarded for breach of contract. 11 Although the expediency, necessity, and propriety of equitable relief is a matter for the court, a jury may be required to resolve disputed issu es when …

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lawspecificperformance houstonopinions.com

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1 hours ago Specific performance is an equitable remedy committed to the trial court's discretion. Stafford v. S. Vanity. Magazine, Inc., 231 S.W.3d 530, 535 (Tex.App.-Dallas 2007, pet. denied). A decree of specific performance. is not a matter of right even to enforce terms of a contract, 127 but is "a matter of grace" in the discretion of.

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Specific Performance in Real Estate Contracts

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5 hours ago Specific performance is an order by a court that a contract be fully performed according to its terms. See Restatement (Second) of Contracts § 357, cmt. a (1981) (“Specific performance is the fulfillment of the performance due in the contract as nearly as practicable, by the party in breach.”). The remedy of specific performance is

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Specific Performance as Remedy Stimmel Law

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7 hours ago The most common reason courts grant specific performance is that the subject of the contract is unique and adequate just relief requires more than a transfer of money and/ or where the true amount of damages is unclear. When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation.

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Kress v. Soules :: 1953 :: Supreme Court of Texas

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7 hours ago Having decided that Soules was entitled to specific performance against Kress, the court rendered judgment in favor of Martens against Kress and Rouse for $1,500 exemplary damages and $6,240.50 actual damages, representing the amount paid in cash by Martens to Kress and Rouse, plus moving expenses and insurance premiums.

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When Specific Performance May Be Ordered in a Real …

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9 hours ago Specific performance is a unique remedy that may be available in some cases. It is considered an equitable remedy and is used when traditional monetary damages do not suffice to resolve a legal dispute. One of the traditional areas where this …

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Can you sue for specific performance in Texas? – Ulmerstudios

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6 hours ago Specific performance is an equitable remedy in Texas where a party (almost always the buyer) asks a court to force the seller to transfer the property according to the terms of an earnest money contract. As such, the buyer will be forced to plead and prove the …

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Specific Performance Example: Everything You Need to Know

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4 hours ago A specific performance example is when a party defaults on its contractual obligation and is ordered by the court to fulfill said obligations. An alternative to the much more common award of monetary damages, specific performance is an injunction on a contract dispute often involving sensitive material or real estate.

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Glass v. Anderson :: 1980 :: Supreme Court of Texas

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7 hours ago Buyer Anderson, respondent, sued seller Glass, petitioner, seeking specific performance of six earnest money contracts for the sale of real property. After a non-jury trial, the trial court ordered the contracts specifically performed; the court of civil appeals has affirmed. 582 S.W.2d 479.

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Texas Supreme Court immunity case holds that specific

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9 hours ago Today, March 15, 2019, in its potentially sweeping decision in Hays Street Bridge Restoration Group v.City of San Antonio, the Texas Supreme Court held that the Local Government Contract Claims Act (“the Act”) waives governmental immunity for the remedy of specific performance on breach of contract claims for providing goods and services to governmental entities.

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Texas Plaintiffs Original Petition regarding Breach of

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6 hours ago A complaint for specific performance must allege: (a) the making of a specifically enforceable type of contract, sufficiently certain in its terms; (b) adequate consideration, and a just and reasonable contract; (c) plaintiff's performance, tender or excuse for nonperformance of the contract; (d) defendant's breach of

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CIVIL PRACTICE AND REMEDIES CODE CHAPTER 16 Texas

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6 hours ago (1) specific performance of a contract for the conveyance of real property; (2) penalty or damages on the penal clause of a bond to convey real property; (3) debt; (4) fraud; or (5) breach of fiduciary duty.

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Damages and Remedies Available in Texas Breach of Contract

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1 hours ago Specific Performance - when a court orders a performance to be executed as stated in the contract. This usually occurs in real estate transactions. This usually occurs in real estate transactions. Consequential and Incidental Damages - money to compensate foreseeable losses caused by the breach.

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Texas Law Review

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Just Now 834 Texas Law Review [Vol. 84:831 perform or purchase a release when performance would be expensive, or bear associated risks; sellers can easily comply with specific performance by

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What is Specific Performance and When is it Available in a

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1 hours ago Specific performance is a remedy in contract law that is most often applied in real estate litigation and disputes where a court issues an order requiring a party to perform a specific act, and to specifically perform according to the terms of a contract.

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Texas TREC Contract BiggerPockets

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3 hours ago Besides most of Texas is so hot right now no seller would want their property tied up in litigation anyway. I'll agree that specific performance suits are rare. But it's not so rare that it shouldn't be a concern. I've seen several pre-suit disputes over the the specific performance clause during my time practicing and read about more.

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Breach of Contract in Texas The Curley Law Firm

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5 hours ago non-breaching parties may be entitled to some form of equitable relief. Some examples of equitable remedies include an injunction, specific performance of the contract, and revision or rescission of the agreement. Finally, Texas law (Texas Civil Practice and Remedies Code § 38.001) allow for the recovery of reasonable attorneys’ fees. If

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Complaint for Specific Performance or Damages Based on a

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1 hours ago Complaint for Specific Performance or Damages Based on a Contract to Convey Real Property. Download Form (docx, 42.67 KB) Download Form (pdf, 1.02 MB) Form Number: Pro Se 9. Category: Civil Pro Se Forms. Effective on December 1, …

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Litigation in Texas LoneStarLandLaw.com

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8 hours ago Specific performance is not a separate cause of action, but rather it is an equitable remedy used as a substitute for monetary damages when such damages would not be adequate.” Marx v. FDP, LP , 474 S.W.3d 368 (Tex.App—San Antonio 2015, no pet.).

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Specific Performance Sample Clauses: 65k Samples Law Insider

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4 hours ago Specific Performance. The parties hereto agree that irreparable damage would occur in the event any provision of this Agreement was not performed in accordance with the terms hereof and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity. Sample 1. Sample 2. Sample 3.

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Can Home Purchaser Use "Specific Performance" to Enforce a

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3 hours ago Specific performance is another possible remedy in this situation. It's 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.

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Texas Supreme Court to consider allowing plaintiffs to sue

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9 hours ago Last Friday, the Texas Supreme Court took action in Hays Street Bridge Restoration Group v.City of San Antonio that may concern local governmental entities.. Hays Street Bridge questions whether governmental immunity is waived for the remedy of specific performance under the Local Government Contract Claims Act (“the Act”). Most governmental entities say “no,” and in …

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Opinion issued April 15, 2010. In The Court of Appeals

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2 hours ago specific performance in such a manner, but relies on cases discussing specific performance and equity in general. Specific performance is an equitable remedy available for a breach of contract. Luccia v. Ross, 274 S.W.3d 140, 146 (Tex. App.—Houston [1st Dist.]

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Available Seller Damages When Buyer Breaches Real Estate

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9 hours ago SPECIFIC PERFORMANCE. Specific performance is an equitable remedy that may be awarded for a breach of contract, Stafford v. S. Vanity Magazine, Inc., 231 S.W.3d 530, 535 (Tex. App.-Dallas 2007, pet. denied), and is an alternative remedy to damages. Levetz v.

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ESTATES CODE CHAPTER 55. COMPLAINTS AND CONTESTS Texas

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6 hours ago (2) the complainant has a right to demand specific performance. (c) The order must fully describe the property to be transferred. Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014. Sec. 55.203. CONVEYANCE. (a) A conveyance made under this subchapter must refer to and identify the court order authorizing the conveyance.

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Breach of Contract Law in Texas Statute of Limitations

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1 hours ago Statute of Limitations for a Texas Breach of Contract Claim. If you want to file a breach of contract claim in Texas, it is important to understand how the statute of limitations might impact your case. Chapter 16 of the Texas Civil Practice and Remedies Code specifies that there is a four-year statute of limitations for breach of contract claims.

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Judgment for Specific Performance; Appointment of a

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3 hours ago Specific Performance, Etc The parties recognize that if any provision of this Agreement is violated by the Company, Indemnitee may be without an adequate remedy at law. Accordingly, in the event of any such violation, Indemnitee shall be entitled, if Indemnitee so elects, to institute Proceedings, either in law or at equity, to obtain damages, to enforce specific performance, …

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Residential Sales Contracts in Texas LoneStarLandLaw.com

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5 hours ago (5) Specific Performance. “Specific performance” is an equitable remedy available to a buyer who pleads and proves that he was ready, willing, and able to perform according to the contract—although actual tender of the purchase price is excused if it would be a useless exercise given the obvious default of the seller. DiGiuseppe v.

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Defaulting on a Real Estate Contract The Goodhart Group

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Just Now You can also sue for specific performance – in other words, force the buyer to settle. This option is rarely used and even more rarely granted. Another option is to sue for monetary damages for breach of contract. For example, if a buyer defaults on a home purchase and the seller can then only sell the home for $50,000 less than the original

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THCIC Guide to Understanding the HospitalSpecific

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7 hours ago AHRQ has listed several considerations when using the quality indicators for public reporting of hospital-specific performance in its publication Guidance on Using the AHRQ QI for Hospital-Level Comparative Reporting, released June 2009. The Texas Legislature directed the THCIC to report the performance of Texas hospitals on quality measures

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Specific performance Wikipedia

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Just Now Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract.It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative.Specific performance is almost never available for …

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EXHIBIT 4:1 Sample Complaint (State)

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6 hours ago specific performance from a cause of action for breach of contract. Remedies available The following remedies are available in an action for specific performance: In general: — An order for performance of the contract; and — An adjustment for the losses suffered by the parties because of the delay in performance.

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DiGIUSEPPE v. LAWLER FindLaw

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7 hours ago [Regarding a specific performance suit brought by a purchaser, under a footnote to section 342], it is stated that “In Texas” an actual tender “is not necessary where the purchaser pleads and proves a willingness to pay, but is entitled to relief provided that, within a time fixed in the decree, he shall pay the amount due”․

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Complaint for Specific Performance of Real Estate Contract

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7 hours ago Specific performance is a remedy in contract law that is most often applied in real estate litigation and disputes where a court issues an order requiring a party to perform a specific act, and to specifically perform according to the terms of a contract.

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Enforcement of CC&Rs Guides at Texas State Law Library

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2 hours ago According to Texas Homeowners Association Law, the end result most typically sought in this kind of lawsuit is something called “specific performance.” This means that one party is asking the court to order the property owner to do — or stop doing — whatever it is that is a violation of the restrictive covenant.

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NO. 170423 HAYS STREET BRIDGE RESTORATION GROUP, v. …

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4 hours ago Was the Court of Appealscorrect in disregarding the clear language of Texas Local Government Code sections 271.152and 271.153 and holding that section 271.152 does not waive governmental immunity for breach of contract cl aims seeking the remedy of …

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Understanding Specific Performance LegalMatch

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Just Now What Does Specific Performance Mean? In contract law, specific performance is an equitable remedy in which a court order requires one party to perform a specific act in order to complete performance of the contract. Orders for specific performance come about after two parties have contracted with one another but one party has failed or refuses to perform as …

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Mortgage & Real Estate News Mortgage Professional America

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8 hours ago Mortgage & Real Estate News Mortgage Professional America

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SUMMARY JUDGMENTS IN TEXAS Texas Fiduciary Litigator

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1 hours ago The Texas Supreme Court, relying on Texas Rule of Civil Procedure 166a(c), reversed the judgments of both lower courts. Id. at 343-44. Rule 166a(c) states, “the motion for summary judgment shall state the specific grounds therefor.” Tex. R. Civ. P. 166a(c).

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Frequently Asked Questions

What is specific performance in Texas law?

WHAT IS SPECIFIC PERFORMANCE? Specific performance is an equitable remedy that may be awarded, at the trial court’s discretion, for a breach of contract, Stafford v. S. Vanity Magazine, Inc., 231 S.W.3d 530, 535 (Tex.App.-Dallas 2007, pet. denied), and is an alternative remedy to damages, Levetz v.

What is “specific performance?

Such a demand is called “specific performance.” Specific performance is an order by a court that a contract be fully performed according to its terms. See Restatement (Second) of Contracts § 357, cmt. a (1981) (“Specific performance is the fulfillment of the performance due in the contract as nearly as practicable, by the party in breach.”).

What is specific performance in real estate law?

In summary, specific performance is an equitable remedy that is available when a party to a sales contract for real property is harmed by the other party’s nonperformance.

What is a specific performance of a contract?

The term “specific performance” refers to literal performance of one’s obligations under a contract. Should a party default on his obligation, a court may issue an order for specific performance, requiring a party to perform a particular action. The action is usually one that has been previously detailed in a contract.

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