What is the remedy if a contract inaccurately describes the land?

Prepare for the Real Property Multistate Bar Exam with detailed quizzes, flashcards, and multiple choice questions. Each question includes hints and explanations to help you understand key concepts and excel in your test!

In real estate transactions, if a contract inaccurately describes the land, the most fitting remedy is specific performance with an adjustment in purchase price. This means that the buyer can still enforce the contract to buy the property as intended, but the court may allow for a reduction in the purchase price to account for the inaccuracies in the description. This approach recognizes the importance of the contract and the buyer’s intention to obtain the property while providing a fair remedy that reflects the value of what is being conveyed.

Specific performance is the legal term for a court order requiring a party to fulfill their contractual obligations, rather than simply providing monetary compensation. In real estate dealings, specific performance is often favored since each piece of property is unique, and the buyer may be seeking a particular property for its location, features, or investment potential. Adjusting the purchase price helps to rectify the situation where the property description does not match what was intended or expected, thereby allowing the transaction to proceed while addressing any unfairness in the terms.

Other options—such as cancellation of the contract or rescission–would terminate the agreement altogether rather than ensuring that the buyer receives the property, albeit at a corrected price. Monetary damages based on market value would also not provide the buyer with the property itself,

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy