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On the breach of a contract for a sale of land when the seller has sold the property to someone else, is an award of specific performance unavailable?

User Mike Buss
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Final answer:

In cases of breach of contract for the sale of land, specific performance may be unavailable due to the unique nature of land. Instead, the buyer may be entitled to other remedies such as monetary damages or rescission of the contract.

Step-by-step explanation:

In the case of breach of a contract for the sale of land where the seller has sold the property to someone else, an award of specific performance may be unavailable. Specific performance is a remedy where a court orders the breaching party to fulfill their contractual obligations.

However, in cases involving the sale of land, courts may not typically award specific performance due to the unique nature of the property. Land is considered unique and it may be difficult for the court to force the seller to transfer the exact piece of land to the buyer.

Instead, the buyer may be entitled to other remedies such as monetary damages, rescission of the contract, or possibly an injunction to prevent the seller from transferring the property to a third party.

User Svante
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