Question 113

Seller may sue the buyer for specific performance to enforce the contract.

When a buyer defaults on a contract to purchase, the seller has the right to sue the buyer for specific performance, which compels the buyer to fulfill their contractual obligations.

A) File a lien on the buyer's present home

Filing a lien on the buyer's present home is not a direct method to enforce the contract for sale of a different property. A lien would typically be used to secure a debt or obligation related to the property itself, not to compel a buyer to complete a purchase contract.

B) Obtain a court injunction to keep the buyer from buying another home

Obtaining a court injunction to prevent the buyer from purchasing another home does not address the original contract's enforcement. An injunction may restrict the buyer's actions, but it does not ensure that the buyer will fulfill their obligations under the existing contract.

C) Sue the buyer for substantial performance

Suing for substantial performance is generally not applicable in real estate transactions, as the law typically requires complete performance of the contract terms. This option does not adequately enforce the contract as specific performance does, which mandates that the buyer complete the purchase.

D) Sue the buyer for specific performance

Suing the buyer for specific performance is the correct action for the seller. This legal remedy demands that the buyer comply with the contract terms, thereby enforcing the sale of the property as originally agreed upon.

Conclusion

The option to sue the buyer for specific performance is the most effective legal remedy available to the seller in the event of a default. Other options, such as filing a lien or obtaining an injunction, do not directly enforce the contract or compel the buyer to complete the transaction, making them less suitable for addressing the issue of a buyer's default. Therefore, option D stands out as the definitive correct answer.