What are the different types of legal remedies available in a real estate dispute?
Real estate litigation law deals with disputes concerning the buying and selling of real estate, including issues of title, boundaries, and property rights. In California, a court may grant different types of legal remedies in a real estate dispute. First, a court may grant a monetary award. This is a sum of money paid to the plaintiff, or the party claiming to have suffered harm, as a way of compensating them for their damages. Second, a court may grant an injunction. This is a court order that requires the defendant to take or refrain from taking a certain action. In real estate cases, an injunction may be used to stop illegal construction on a property or force a party to comply with a lease agreement. Third, a court may grant specific performance. This is when the court orders a party to do something that is spelled out in a contract. In real estate disputes, specific performance can be used to make a party complete a sale or fix a property. Finally, a court may grant rescission. This is when a contract is invalidated, essentially undoing the transaction so it is as though it never occurred. This can be used in real estate cases when a party believes the other party has breached the contract in some way. In California, these remedies are available to parties in a real estate dispute. The court evaluates the facts of each case to determine which remedy is most suitable.
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