What is an equitable remedy and how does it affect a real estate dispute?

An equitable remedy is a type of legal remedy used to resolve disputes in real estate cases. It is distinct from a legal remedy, which typically involves money damages. An equitable remedy seeks to restore the balance between the parties involved in the dispute or to provide relief that is fair to one or both of the parties. In a real estate dispute, an equitable remedy could involve a court order requiring one of the parties to take a certain action. This action could be to transfer title of the property to the other party or to restore a party to the condition they were in before the dispute began. An equitable remedy also may involve other orders, such as an injunction that prevents a party from taking a certain action or accessing certain property. Equitable remedies are generally used when monetary damages cannot adequately address the dispute. This is often the case in real estate disputes, where the property is unique and the value of any monetary damages might be impossible to assess. Even when an equitable remedy is issued, the court will typically allow one of the parties to pursue a legal remedy as well. The effect of an equitable remedy in a real estate dispute depends on the particular circumstances of the case. However, generally, the remedy seeks to restore the balance between the parties and provide a level of fairness to the outcome of the dispute.

Related FAQs

What is an equitable remedy and how does it affect a real estate dispute?

Related FAQs

Related Blog Posts