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Elena agreed to sell her home in Woodbridge, New Jersey to Robert. After signing the contract, Elena received a significantly better offer and attempted to back out. Robert filed a lawsuit seeking to compel Elena to complete the sale. The court agreed with Robert and issued an order requiring Elena to transfer the property. What type of court order did Robert obtain?

Correct Answer

A) A decree of specific performance

A decree of specific performance is the court order that compels a breaching party to fulfill the terms of a real estate contract. Because real property is legally considered unique — no two parcels are identical — New Jersey courts recognize that monetary damages may be inadequate to compensate a buyer who loses the right to purchase a specific property. The court's order requiring Elena to transfer the property to Robert is a classic example of specific performance in NJ real estate law.

Answer Options
A
A decree of specific performance
B
An order of rescission
C
An injunction preventing future sales
D
A judgment for compensatory damages

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Related Topics & Key Terms

Key Terms:

specific_performancecourt_orderseller_breachunique_property

Related Concepts

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

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.

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