If you or anyone you know in the state of Nevada—Las Vegas, Henderson, Boulder City, or Mesquite—are in a real estate dispute and need assistance with a Specific Performance case, you need the best legal help you can get.
With over 20 years of experience in real estate law, you need Charles Geisendorf.
The standard for Specific Performance is set forth in Nevada common law. At its simplest, Specific Performance is a legal remedy used by the courts when no other remedy, such as money, will not resolve the situation. In most situations requiring Specific Performance, something unique exists about the property in question, and therefore a financial settlement will not be enough. As most any real estate property contains something unique in its construction, Specific Performance is sometimes an easy case to make and win.
To file for Specific Performance, we need a few things to get the case rolling: a valid contract with reasonably definite and certain terms; proof that the other party breached the contract, as in some form of failure to act on their part—it should go without saying that you also must be able to show that you have upheld your end of the bargain; we must also be able to show that any monetary damages proposed are not enough to cover the loss of your claim, meaning that there is no other property with the unique features you were looking for in the one under contention; the demands in the Special Performance order must be practical, so it must be something the court can oversee like as the exchange of legal title—this is a complex area of the law, and to navigate it an experienced legal real estate attorney is essential; and lastly, the party breaching the contract has no legal defense for their actions.
If you are on the other side of this issue, defending yourself from Specific Performance charges, you also have rights. More often than not, we can simply show that one of the five issues noted above were not met and therefore, do not warrant a Specific Performance remedy. Other defense options are available, including but not limited to: the defendant can show the party seeking Specific Performance did something unethical; the party seeking Specific Performance delayed bringing suit for any reason; the party seeking Specific Performance falls within the fraud statutes; also the defendant may be able to prove an undue hardship or burden will be created by Specific Performance, or an error was made on the contract.
You should consult a lawyer as soon as possible. Either side of a Specific Performance dispute can be hard to prove or defend. A sound attorney in the complex field of real estate law can not only file the necessary paperwork but also represent you with confidence if the case goes before a court. In Nevada, Specific Performance solutions are available given the right circumstances and proof.
Trust Charles Geisendorf and his 20 years of experience in this field. Reach out soonest and make sure your rights are protected. Charles Geisendorf can be reached at (702) 873-5868.