Which party has the right to request specific performance if the other party fails to perform their obligations?

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Master Texas Real Estate Principles 1. Study with engaging quizzes featuring multiple choice questions. Includes hints and detailed explanations. Get ready for success!

The right to request specific performance arises from the principle that when one party does not fulfill their obligations under a contract, the other party who has been injured or harmed by this default can seek legal recourse to compel performance. This is particularly relevant in real estate transactions, where monetary damages may not be adequate due to the unique nature of property.

In this context, the injured party has the interest and standing to request the court to enforce the contract as originally agreed upon. Specific performance is a remedy ordered by a court that requires a party to fulfill their contractual duties rather than merely awarding financial damages. This legal right serves to protect the interests of the non-defaulting party and ensure that the terms of the contract are adhered to.

The other parties mentioned do not possess the right to request specific performance in this scenario. The defaulting party cannot request this remedy because they are the ones who have failed to perform. The court may enforce the request made by the injured party but does not inherently have the right to request specific performance on its own accord. Similarly, a mediator's role is typically to facilitate discussions and negotiations, not to enforce contractual obligations. Thus, it is the injured party who holds the right in these situations.

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