What is a possible remedy for breach of a covenant?

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Prepare for the Real Estate Transactions Exam. Study with comprehensive questions, detailed hints, and explanations to enhance your knowledge and pass the exam with ease. Get exam-ready today!

A possible remedy for breach of a covenant can include specific performance or rescission, making this option particularly pertinent in real estate transactions. When a covenant within a contract is breached, the injured party may seek specific performance, which compels the breaching party to fulfill their obligations as originally agreed. This is especially relevant in real estate, where the unique nature of property interests often renders monetary damages insufficient to make the injured party whole.

Rescission, on the other hand, allows the injured party to void the contract altogether, effectively restoring them to their pre-contract position. This remedy can be particularly useful when the breach is serious enough to undermine the very foundation of the agreement.

Other options like voiding the contract generally suggest the agreement is nullified without further remedies being explored, which doesn't consider the potential for either specific performance or rescission as a more tailored response to the breach. Only providing an apology is not legally enforceable in a contractual context and does not address the breach adequately. Nominal damages represent a minimal financial acknowledgement of a breach, which may not compensate the aggrieved party in the context of real estate, where specific performance or rescission is often more appropriate.

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