52. Under which of the following conditions is a buyer most likely to sue for specific performance?
Answer: B
A buyer is most likely to sue for specific performance when the seller breached the purchase contract before closing.
Specific performance is an equitable remedy often sought in real estate transactions when one party fails to perform their obligations under a contract. In this case, if the seller breached the purchase contract before closing, it creates a situation where the buyer may seek specific performance to enforce the sale.
A) The seller supplied false information that the property purchased was a duplex.
While supplying false information can lead to legal action, it typically falls under misrepresentation and may lead to damages rather than specific performance. The buyer would likely seek monetary compensation rather than enforce the contract in this scenario.
B) The seller breached the purchase contract before closing.
This option directly relates to the conditions under which specific performance is sought. When a seller fails to uphold their contractual obligations prior to closing, the buyer can compel the seller to complete the transaction because real estate is unique and monetary damages may not suffice.
C) The broker disappeared the day of the final walk-through.
The disappearance of the broker may complicate the transaction, but it does not constitute a direct breach of the purchase contract by the seller. Therefore, it is less likely to lead to a suit for specific performance, as the contract itself remains intact unless the seller is also implicated.
D) The broker misrepresented the absence of lead-based paint in the property being purchased.
Similar to option A, this situation involves misrepresentation, which may lead to a lawsuit for damages rather than specific performance. The buyer could seek compensation for the misrepresentation, but it does not typically warrant enforcing the contract through specific performance.
Conclusion
The most definitive scenario for a buyer to sue for specific performance is when the seller breaches the purchase contract before closing. Options A, C, and D involve issues that may lead to different legal remedies, such as damages, but do not provide the same grounds for enforcing the contract as a breach by the seller does. Thus, B is clearly the correct choice.