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Define Performance (Contract related) in Real Estate
Performance (Contract related):
Performance in a real estate contract refers to the fulfillment of the terms and conditions outlined in the agreement by all parties involved. This means that all parties involved must meet their obligations as specified in the contract to ensure that the transaction is completed successfully.
Example:
Imagine that you sign a contract to sell your home to a buyer. As part of the contract, you agree to make certain repairs to the home before the closing date, and the buyer agrees to provide a down payment and secure financing for the purchase. If both parties fulfill their obligations as specified in the contract, the transaction will be considered successful.
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Here are a few additional things to keep in mind about performance in a real estate contract:
Performance can be excused under certain circumstances.
There may be circumstances beyond the control of the parties involved that prevent them from fulfilling their obligations as specified in the contract. For example, if a natural disaster damages the property before the closing date, the seller may not be able to fulfill their obligation to deliver the property in the agreed-upon condition.
Breach of performance can result in legal action.
If one party fails to fulfill their obligations as specified in the contract, it can be considered a breach of contract. The other party may be entitled to compensation or may be able to terminate the contract and seek damages.
Performance can be documented and verified.
It's important to keep track of all documentation and communication related to the performance of a contract. This can include invoices, receipts, inspection reports, and email correspondence, among other things.
It's important to review and understand the terms of the contract before signing.
Before signing a real estate contract, it's important to read and understand all of the terms and conditions outlined in the agreement. This can help to ensure that all parties are aware of their obligations and can fulfill them accordingly.
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Performance in a contract, it's not just a show,
It's when all parties do what they promised, you know!
If you're selling a home, and repairs you must do,
And the buyer provides a down payment, and financing too,
If both parties fulfill their duties as agreed,
The transaction will be successful, indeed!
So when signing a contract, remember this part,
Performance is key, it's where it all starts!