What is an action for specific performance in a real estate dispute?
An action for specific performance in a real estate dispute is a legal remedy where a court orders a party to perform a certain action in relation to a real estate transaction. This action is usually requested when one party has failed to fulfil the terms of a contract and damages alone are not enough to make the non-complying party adhere to it. For example, if one party is contractually obligated to sell a property but refuses to do so, the other party could file for an action for specific performance requesting the court to order them to comply with the contract. In the state of Washington, if a party is unhappy with a real estate transaction, they can file a lawsuit for specific performance. The lawsuit usually involves the court ordering the party in breach of contract to do what was agreed upon in the contract. The court can also order the breaching party to pay money to the non-breaching party as compensation. In Washington, actions for specific performance are governed by a few different statutes. For example, the Washington Supreme Court recently held that the Washington Consumer Protection Act applies to cases involving specific performance. It is also important to note that actions for specific performance involve statutory restrictions that must be adhered to in order to obtain the remedy. Overall, an action for specific performance in a real estate dispute is a legal remedy that requires a party to perform a certain action in relation to a real estate transaction when damages alone are not enough to make them comply with the contract.
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