Specific Performance of Land Purchases: Nebraska Supreme Court Sets a Tender Trap for Would-Be Purchasers
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Authors
Thomas, John F.
Issue Date
1979
Volume
12
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|Every seller of land has experienced the frustration of not being able to close a sale because of the buyer's dissatisfaction with the title or quality of the property, or the anguish and disappointment when a potential buyer appears after the agreement has been signed, offering more money or better terms. In Tedco Development Corp. v. Overland Hills, Inc., the Nebraska Supreme Court in a unanimous opinion gave the seller the ability to force the reluctant buyer to accept the "unacceptable" property. The seller may also accept a second buyer's offer, and to some extent, control which sale closes. The court did all this by significantly changing the law of specific performance...
Description
Citation
12 Creighton L. Rev. 295 (1978-1979)
Publisher
Creighton University School of Law