Law

Specific Performance of a Sale-Leaseback

Although specific performance is an important remedy in real estate transactions, it is a remedy disfavored by the courts. In their Transactional Real Estate column Peter E. Fisch and Salvatore ...
Law

Specific Performance Remedies in Bankruptcy

The recent related cases In re Sky Lofts and In re S&Y Enterprises, 1 in the U.S. Bankruptcy Court for the Eastern District of New York, areillustrative of the issues that face contract vendees under ...
JD Supra

Diving Into Delaware’s Enforcement of Specific Performance in M&A Transactions

Most M&A agreements include specific performance provisions that allow either party, under certain circumstances, to seek to have a court force the other party to comply with its contractual ...
JD Supra

GA Court of Appeals Enforces Contract Clause, Excluding Liability for Incidental Damages Where Specific Performance Is Ordered

This case arose from a failed real estate transaction. DonRob Investments LP and Donald Robinson Investments, Inc. (collectively DonRob) agreed to sell, and 360 Residential LLC, 360 Sugar Hill LLC, ...