I am taking real estate license course: (Virgina)
Rights of innocent party to remedy a breach:
> Partial performace
> Recession
> Sue for specific performance
> Sue for damage
> liquidated damages-The parties may determine in advance a sum to be paid to the innocent party in the event of a breach.
My opinion is you can go to the court to sue the seller for specific perfomance or for damage first.In general, when a suit for specific perfomance is sought as a remedy for breach of contract, the buyer can ususally win a suit for specific performance under a vaild contract. And a seller may have more difficulty in winning a suit for specific performance since he/she can normally be adequtely compensated by monetary damages. By the way, did you let your lawer review the contract before you signed it? Even it doesn't include the provision of breach contract, you still have right to sue the seller because your contract is vaild and in writing so it is enforceable.(Statute of Frauds). A vaild contract must include four vailidity requirements:
> Consideration: a promise to give up something of value. The seller gives up the house, and you give up the money.
> Agreement
> Legal objective: the house is legal objective
> Legal competent parties: you and the seller are all adults and with clear minds.
Good Luck! From h_wang@prepaidlegal.com www.prepaidlegal.com/info/h_wang
回複:房屋賣方違約,買方有何權利? I am taking
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• 回複:回複:房屋賣方違約,買方有何權利? -itelya- ♀ (361 bytes) () 10/23/2003 postreply 19:36:00
• 回複:回複:回複:房屋賣方違約,買方有何權利? -bxt- ♀ (100 bytes) () 11/06/2003 postreply 11:13:00