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A seller in New Haven, Connecticut, accepted a purchase offer from a buyer. Three weeks later, the seller received a significantly higher offer from another buyer and refused to proceed with the original contract. The original buyer wants to enforce the contract and obtain the property. Which remedy would be most appropriate for the original buyer to pursue in Connecticut court?

Correct Answer

D) Specific performance requiring the seller to convey the property as agreed

Because real property is considered legally unique, monetary damages are typically deemed an inadequate remedy when a seller breaches a real estate contract. Connecticut courts recognize specific performance as the appropriate equitable remedy, compelling the seller to convey title to the original buyer on the agreed terms. This is the buyer's most effective remedy when the goal is to actually obtain the property.

Answer Options
A
Rescission of the contract and return of the earnest money deposit
B
Punitive damages under the Connecticut Unfair Trade Practices Act
C
Liquidated damages equal to the difference between the two offers
D
Specific performance requiring the seller to convey the property as agreed

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Related Topics & Key Terms

Key Terms:

specific_performanceseller_breachequitable_remedyunique_property

Related Concepts

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

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