Specific performance lawsuits force unwilling sellers to complete real estate transactions they refuse to close despite valid purchase agreements. A real estate litigation attorney proves specific performance claims by demonstrating contract validity, buyer readiness to perform, property uniqueness justifying remedy availability, and seller breach without legal excuse. Courts grant specific performance sparingly because forcing property transfers against the owner will represent extraordinary equitable relief beyond monetary damages awarded in standard breach cases. Buyers pursuing specific performance must show that no adequate remedy at law exists because identical replacement property cannot be located, making monetary damages insufficient to restore the buyer to the expected position following transaction completion.
- Contract validity establishment
Proving enforceable contract existence requires demonstrating all essential real estate agreement elements exist without fatal defects defeating formation. An agreement meeting the statute of frauds requirements discloses the property description, the purchase price, the closing date, and any contingency conditions. Forgery, mental incapacity, and minor status do not prevent binding agreements from forming when signatures are authenticated by parties with legal capacity to contract. Property description specificity, identifying exact parcels through legal descriptions, street addresses, or survey references, prevents indefiniteness defences claiming the contract failed to identify the subject property with the required precision. Consideration adequacy showing valuable exchange beyond nominal amounts supports contract enforceability against unconscionability challenges.
- Buyer performance readiness
Demonstrating buyer ability and willingness to complete purchase proves plaintiff qualifies for equitable remedy requiring clean hands and good faith conduct throughout transaction. Financing approval documentation from qualified lenders shows the buyer secured funding meeting contract financing contingency requirements before the seller’s breach occurred. Deposit payment proof through earnest money checks cleared and held in escrow accounts demonstrates financial commitment beyond preliminary negotiation. Title contingency satisfaction through acceptable preliminary title reports shows the buyer removed objections, clearing the path to closing. Inspection contingency completion within deadline periods shows the buyer performed the required due diligence without using the inspection results as a pretext for wrongful contract termination.
- Property uniqueness demonstration
Specific performance availability requires showing that the property carries unique characteristics, making monetary damages an inadequate remedy for contract breach. Location uniqueness from proximity to specific employment, family, or community connections creates irreplaceable value that money cannot duplicate through alternative property purchases. Historical significance, architectural distinction, or landmark status create property characteristics unavailable in comparable market alternatives. Development potential, zoning permissions, or assembled parcel characteristics represent unique attributes not found in similar-sized properties within the same geographic areas. Waterfront, mountain, or other natural amenity access creates scarcity, justifying specific performance when limited properties share identical characteristics.
- Seller breach documentation
Proving seller breach without legal justification establishes wrongful refusal, triggering specific performance remedy availability. Without seller performance, the final date for closing passes without buyer performance when the buyer appeared ready, willing, and able to complete the deal on time. Direct breach evidence occurs when sellers express their unwillingness to comply with contract obligations through email, text messages, or attorney correspondence. Title defect creation through post-contract liens, easements, or encumbrances, seller refuses to cure constitutes a breach, preventing marketable title delivery required under contract terms. Property damage or waste occurring after contract execution shows the seller failed to maintain the property condition required during the executory period before closing completion.
Specific performance claims succeed when contract validity, buyer readiness, property uniqueness, and seller wrongful breach align, creating equitable remedy justification that courts grant, forcing reluctant sellers to complete transactions they refuse to honour despite binding contractual obligations.
