Regal RealSource v. Enlaw
Regal RealSource v. Enlaw, 2024 UT App 95 (Harris, J.)
Contracts
The parties entered into a real estate purchase contract. The seller later came to believe the contract was unenforceable and informed the buyer it would not sell the property to the buyer. The buyer filed a lawsuit seeking specific performance and recorded a lis pendens on the property. The district court granted summary judgment in favor of the seller, determining that the contract was unenforceable and ordered the buyer to remove the lis pendens. The buyer appealed. The Utah Court of Appeals reversed in part, holding:
- The district court erred by granting the seller’s motion for summary judgment regarding the price provisions of the contract and the closing deadline.
- Practice tip: The court clarified that “the equitable remedy of specific performance remains potentially available even if the language of the contract in question is not completely free from all doubt, vagueness, or ambiguity.”