Back to Course

Understanding Home Ownership- The Beginning

0% Complete
0/0 Steps
  1. Module 1: Understanding Mindset
    9 Lessons
    1 Quiz
  2. Module 2: Understanding What you want your money to do for you?
    6 Lessons
    1 Quiz
  3. Module 3: Understanding The Types of Real Estate Investments
    7 Lessons
    1 Quiz
  4. Module 4: Understanding The Resources
    11 Lessons
    1 Quiz
  5. Module 5: Understanding The Finance
    15 Lessons
    1 Quiz
Module Progress
0% Complete

Breach of contract:

A breach of contract is a failure to perform according to the terms of the agreement. Also called default, a breach of contract gives the damaged party the right to take legal action.

The damaged party may elect the following legal remedies:

  • Rescission
  • Forfeiture
  • Suit for damages
  • Suit for specific performance


A damaged party may rescind the contract. This cancels the contract and returns the parties to their pre-contract condition, including the refunding of any monies already transferred.


A forfeiture requires the breaching party to give up something, according to the terms of the contract. For example, a buyer who defaults on a sales contract may have to forfeit the earnest money deposit.

Suit for damages:

A damaged party may sue for money damages in civil court. The suit must be initiated within the time period allowed by the statute of limitations. When a contract states the total amount due to a damaged party in the event of a breach, the compensation is known as liquidated damages. If the contract does not specify the amount, the damaged party may sue in court for unliquidated damages.

Suit for specific performance:

A suit for specific performance is an attempt to force the defaulting party to comply with the terms of the contract. Specific performance suits occur when it is difficult to identify damages because of the unique circumstances of the real property in question. The most common instance is a defaulted sale or lease contract where the buyer or seller wants the court to compel the defaulting party to go through with the transaction, even when the defaulter would prefer to pay a damage award.