48. 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 if the seller defaulted on the signed sales contract before closing.
In cases where the seller fails to fulfill their obligations under a signed sales contract before closing, the buyer has a strong legal basis to seek specific performance. This remedy compels the seller to complete the transaction as originally agreed, as monetary damages may not adequately compensate the buyer for the loss of the property.
A) The seller neglected to inform the buyer that the property being purchased was a dominant estate.
While this situation might warrant legal action, it typically falls under misrepresentation or failure to disclose rather than a breach of contract. Buyers may seek damages, but they are less likely to pursue specific performance since the contract remains valid despite the seller's omission.
B) The seller defaulted on the signed sales contract before closing.
This scenario presents a clear case for specific performance, as the buyer is entitled to enforce the contract. The seller's default means they are not adhering to the terms agreed upon, making it justifiable for the buyer to compel the seller to complete the sale as stipulated.
C) The broker misrepresented the size of the lot being purchased.
This represents a potential issue of misrepresentation that could lead to damages or a rescission of the contract, but it does not typically provide grounds for specific performance. The buyer's recourse would likely focus on compensation rather than enforcing the sale due to the broker's error.
D) The broker misrepresented the nearness of fire protection to the property being purchased.
Similar to option C, this situation involves misrepresentation but does not constitute a breach of the sales contract by the seller. The buyer may seek damages, but the legal basis for specific performance is weak, as the contract itself remains intact.
Conclusion
In summary, option B is the correct choice because a seller's default on a signed sales contract directly impacts the buyer's right to seek specific performance. Other options involve misrepresentation or disclosure issues that do not provide the same legal grounds for enforcing the contract as a seller's breach does. Thus, specific performance is most applicable in the case of a seller's default.