Alberta Real Estate Licensing Exam Practice · Question
A seller accepts a buyer's offer for a unique, historic property known for its distinctive architecture, making it difficult to find a comparable replacement. After becoming firm, the seller refuses to close without a valid reason. The buyer wants to specifically enforce the contract. Under what circumstances is a court most likely to grant specific performance for the buyer?
Specific performance is an equitable remedy often granted when the subject matter of the contract, such as a unique piece of real estate, is not easily replacea
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Question: A seller accepts a buyer's offer for a unique, historic property known for its distinctive architecture, making it difficult to find a comparable replacement. After becoming firm, the seller refuses to close without a valid reason. The buyer wants to specifically enforce the contract. Under what circumstances is a court most likely to grant specific performance for the buyer?
Answer options: ✅ When the property is unique and monetary damages would not adequately compensate the buyer.
- When the buyer is unwilling to accept monetary compensation for the seller's breach.
- When the seller can easily find another buyer for a higher price.
- When there is a significant financial penalty stipulated in the contract for non-performance.
Correct answer: When the property is unique and monetary damages would not adequately compensate the buyer.
Explanation: Specific performance is an equitable remedy often granted when the subject matter of the contract, such as a unique piece of real estate, is not easily replaceable, and monetary damages would not adequately compensate the injured party.
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