Contracts
Under North Dakota law, specific performance as a remedy for breach of a real estate purchase agreement is available because:
AReal estate is fungible and can be replaced easily
BEach parcel of real estate is unique, making monetary damages potentially insufficient✓ Correct
COnly commercial properties qualify for specific performance
DSpecific performance is never available in North Dakota
Explanation
Real estate is legally considered unique (no two parcels are identical). Because of this uniqueness, a buyer who has been wrongfully denied a purchased property may obtain specific performance — a court order compelling the seller to convey the property — rather than mere monetary damages.
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