What action can Simone take after Ben terminates their contract for a higher offer?

Simone's ability to sue Ben for specific performance is grounded in the nature of contractual agreements, particularly in real estate transactions. Specific performance is a legal remedy that compels a party to fulfill their obligations under a contract rather than merely providing monetary compensation. In this situation, if Simone has fulfilled her obligations under the contract and Ben has terminated it for a higher offer, she may seek to enforce the original agreement through specific performance, demanding that Ben complete the sale as initially agreed.

This legal option is often pursued in real estate cases because the subject matter of such contracts—particularly unique properties—cannot simply be replaced or compensated with money. If the property in question holds special value to Simone or if finding another comparable property at the same price is difficult or impossible, she has strong grounds to argue for specific performance as a remedy.

In contrast, the other options involve either keeping her earnest money or being liable for damages, neither of which addresses her desire to enforce the contract itself. Simply countering the higher offer does not align with the contractual obligations the parties had originally agreed upon, nor does it provide an adequate legal remedy to protect Simone's interests in the situation. Thus, pursuing specific performance is the most appropriate action here.