The Law Offices of Baldwin & Briscoe, P.C. can undertake the legal work involved in selling and buying a new house or land. We work with the buyer, seller, and mortgage company in a timely matter to settle the purchase and complete the sale.
An in-kind exchange is the exchange of one house for another, and is separate from a sale or purchase of real estate. We will work diligently to ensure that the transfers are made successfully and within all the lines of the law.
If mortgage rates have fallen, or you expect them to go up, if your credit score has improved and you would like to take advantage of a lower-rate mortgage, or if you would like to switch to a different type of mortgage, The Law Offices of Baldwin & Briscoe, P.C. can assist you by working with your lender to complete the refinance transaction.
For all matters of deeds to property and trust deeds, The Law Offices of Baldwin & Briscoe, P.C. can assist in the drafting, review, and documentation of your property matter.
Our attorneys will gladly prepare or review any lease agreement made when you rent property. We will ensure that nothing is left out of the contract and that its terms are the ones agreed to by both parties.
The Law Offices of Baldwin & Briscoe, P.C. will draft contracts that relate to the sale or transfer of ownership of real estate at your request.
We can review contracts already made to ensure that they reflect the understandings of both parties and that everything within the contract fits within the lines of the law.
As a sale completes and goes to settle legal services are needed to complete the sale in court. Real estate settlement is a service we have been offering since opening in 1988.
A title examination is a comprehensive review of a title and its history of ownership. The goal of title examination is to determine that there are no defects or complications that stem from faulty sales or transfers of a title in the past. Title examination is a service The Law Offices of Baldwin & Briscoe, P.C. can provide.
For any other property or real estate issues you may have, The Law Offices of Baldwin & Briscoe, P.C. will represent you following an initial consultation.
Specific Performance
Under Maryland law, a party may bring a claim for specific performance where there is a valid and enforceable contract, where the party has tendered performance on the contract and that tender was rejected by another party to the contract, or where the party was ready, willing, and able to perform, and there is no adequate remedy at law. The most common scenario where specific performance is seen is where an individual places a contract to purchase a parcel of real estate, such as a house, and then the seller refuses to go to closing to complete the sale.
In order to be entitled to specific performance, a contract must be definite and certain in its terms. If there is inadequate description of what is being contracted for, the court may find that there is no meeting of the minds and deny a claim for specific performance. Specific performance may be awarded regardless of how difficult it is for the defendant.
The court has the authority to deny a claim for specific performance, even if the plaintiff meets the requirements. The law provides however, that the court should grant the remedy if the contract is fair, reasonable and certain in its terms. The court may consider the intent of the parties in deciding whether to allow for specific performance. Specific performance is usually awarded by the court in cases where money damages would not adequately address the damage done to the plaintiff.
In determining whether specific performance is warranted, or whether monetary damages will suffice, the court will consider three factors: the difficulty of proving damages with reasonable certainty, the difficulty of procuring a suitable substitute performance by means of money awarded as damages; and the likelihood that an award of damages could not be collected.
A court may award damages in addition to a decree of specific performance. These damages are generally incidental to the breach. These damages would be for any monetary loss that the plaintiff suffers during the pendency of the action. Generally, attorney’s fees are not awarded in a specific performance action. If specific performance becomes unavailable for any reason, the court may award monetary damages instead. Monetary damages would place the plaintiff back in the place that they would have been but for the breach, i.e. the plaintiff gets the benefit of the bargain that was contracted for.
The information contained on this page is provided as general information and does not constitute legal advice. The experienced attorneys at Baldwin & Briscoe, P.C. can assist you if you are involved in a specific performance dispute or any civil litigation matter. We’d be happy to sit down with you and review your situation and provide appropriate advice. Call today for your no-obligation consultation.
