Steve you definately will want to at least speak with a Real Estate Attorney, John Tenn in Manchester is a great attorney. When suing for specific performance the judge is going to see if certain crietria was met. I have listed them all below however a quick check of is the contract valid ands there a meeting of minds where everyone agreed when signing. Good luck with your fight.
There are certain circumstances where an order of specific performance would not be granted. Such circumstances include:
specific performance would cause severe hardship to the defendant
the contract was unconscionable
the claimant has misbehaved (no clean hands)
specific performance is impossible
performance consists of a personal service
the contract is too vague
contracts terminable at will
contracts requiring constant supervision
contract lacking mutuality.
contract made for no consideration. - Sat Nov 14 2009, 05:56
8 Comments