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

An equitable remedy is a form of relief provided by a court of law to resolve conflicts between individuals. In the case of a real estate dispute, an equitable remedy is a court-ordered action taken to resolve the dispute. Equitable remedies are typically used when money damages are inadequate or not an option. Depending on the specific case, an equitable remedy may include certain court-ordered actions such as certain instructions issued to one or both parties, the establishment of a trust or title to property, or the awarding of real estate in a real estate case. The most common equitable remedy in real estate disputes is injunctive relief, which basically involves a court ordering one or both parties to cease an action or to perform a certain task. For example, in a dispute over a property boundary, the court may order one of the parties to stop encroaching on the property of the other party while the dispute is resolved. Equitable remedies can also include specific performance, which requires the party to fulfill an obligation or contract. For example, if a buyer and seller had agreed to a sale of a property, a court could order the buyer to complete the purchase and the seller to complete the sale. Overall, equitable remedies serve to resolve real estate disputes when money damages are not adequate. An equitable remedy may involve court-ordered instructions, the establishment of a trust or title to property, or the awarding of real estate. These remedies can provide a resolution to the conflict while protecting the rights of all parties involved.

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