What type of performance is required when a specific remedy is sought through a court order?

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When a specific remedy is sought through a court order, the concept of specific performance comes into play. This legal remedy compels a party to fulfill their obligations under a contract, typically in scenarios where monetary compensation would not adequately remedy the harm caused by a breach. In real estate, for instance, if a seller refuses to sell a property after the buyer has fulfilled all the contract terms, a court might order the seller to complete the sale as originally agreed. This is because real estate is often considered unique, and replacing it with financial damages does not equate to getting the specific property that the buyer wanted.

Specific performance is particularly relevant in real estate transactions, where the property itself holds inherent value that cannot easily be replicated or quantified. Thus, this remedy sees implementation in cases involving contracts for the sale of land or real estate because of the unique nature of properties.

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