A seller in Colorado accepted an offer and the parties executed the CREC Contract to Buy and Sell Real Estate. Before the inspection objection deadline, the seller decided to back out and sell to a different buyer for a higher price. The original buyer wants to recover the property. Which remedy is most appropriate for the buyer to pursue?
Correct Answer
A) Seek specific performance to compel the seller to convey the property
When a seller breaches a real estate contract, the buyer may seek specific performance — a court-ordered remedy compelling the seller to convey the property as agreed. Because real estate is considered unique under Colorado law, money damages are often deemed inadequate, making specific performance an appropriate remedy for the buyer.
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