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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting a Suit for Specific Performance for Purchase of Land by Vendee with Damages:
Purpose: A Suit for Specific Performance with Damages is a legal action used when a vendee (buyer) seeks not only to compel a seller's specific performance of a land sale agreement but also to claim damages resulting from the seller's breach of contract. Here's how to draft one:
Title and Parties: Begin with a clear title indicating it's a Suit for Specific Performance with Damages. Identify the plaintiff (the vendee), defendant (the seller), and provide their details.
Land Sale Agreement: Specify the terms of the land sale agreement, including the property's description, purchase price, and the agreed-upon closing date.
Breach Allegations: Clearly outline how the defendant (seller) has breached the agreement by failing to sell the land as agreed.
Relief Sought: State that the plaintiff seeks a court order compelling the defendant to perform the sale (specific performance) and also claims damages incurred as a result of the breach.
Legal Basis: Explain the legal basis for specific performance and the calculation of damages, citing relevant laws and precedents.
Evidence: Attach all relevant documents, including the land sale agreement, correspondence, and evidence of financial losses caused by the defendant's breach.
Common Mistakes to Avoid:
Incomplete Agreement: Ensure the land sale agreement is valid, properly executed, and contains all necessary terms.
Inadequate Evidence: Gather and present strong evidence of the defendant's breach and the damages incurred.
Lack of Legal Counsel: Consult with an attorney experienced in contract law and specific performance suits with damages claims.
Statute of Limitations: Be aware of the statute of limitations, as there is typically a time limit within which you can file such a suit.
This type of suit is used when a vendee wants the court to enforce a land sale agreement and seek compensation for damages. Seek legal advice to draft the suit accurately, as these cases can be legally complex and require a strong legal foundation to succeed.