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Contracts Ny Real Property LawBreach_and_remedies_nyMEDIUM

A seller in New York breaches a purchase contract by refusing to convey title to a unique historic brownstone in Brooklyn. The buyer wants to force the sale. Which remedy is most appropriate under New York law?

Correct Answer

B) Specific performance to compel the seller to complete the sale

Specific performance is the most appropriate remedy when the property is unique, as real estate is generally considered unique under New York law. Courts will order specific performance to compel the seller to convey title, especially for distinctive properties like historic brownstones where monetary damages would be inadequate.

Answer Options
A
Monetary damages equal to the difference between contract price and market value
B
Specific performance to compel the seller to complete the sale
C
Rescission and return of all deposits with interest
D
Liquidated damages as specified in the purchase contract

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Related Topics & Key Terms

Key Terms:

specific_performanceseller_breachunique_propertyequitable_remedies

Related Concepts

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

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