ContractsIntermediateNorth Carolina Exam

In NC, the legal remedy of 'specific performance' in a real estate contract means:

AThe defaulting party pays money damages
BThe court orders the defaulting party to complete the sale as agreedCorrect
CThe contract is rescinded and all deposits returned
DThe buyer must accept a different property as substitute, in most cases

Why The court orders the defaulting party to complete the sale as agreed Is Correct

Answer B: The court orders the defaulting party to complete the sale as agreed

Specific performance is a legal remedy available in real estate because each parcel of land is considered unique. A court can order the breaching party to actually perform the contract (complete the sale) rather than just pay monetary damages.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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