Is specific performance appropriate


Problem: Seller owns a condo on Mud Island at Memphis, Tennessee.  Buyer, an attorney recently admitted to the Tennessee bar, needs a safe, quiet, place to live near her office in downtown Memphis.  She makes an offer on Seller's condo.  Seller warrants to the Buyer that the condo has been built to withstand earthquakes.  Seller knows that this is not the case, as such reinforcement is expensive.  An agreement to sell is made, but the Buyer eventually breaches.  The Seller seeks specific performance.  Is specific performance appropriate?

A) No, because a seller cannot seek specific performance of a land sale contract, especially of a condo unit.

B) No, because of Buyer's affirmative defense of unclean hands.

C)  Yes, because Buyer breached while Seller was ready, willing, and able to sell.

D) Yes, because there is no adequate remedy at law and damages do not suffice.

E)  Yes, because he who seeks equity must do equity

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