Specific Performance: Forcing a Real Estate Sale
When a court can order a party to actually complete a real estate deal.
What is specific performance in real estate?
Specific performance is a remedy in which a court orders a party to actually go through with a contract, rather than just paying money damages. In real estate it is a powerful tool because each parcel is considered unique, so a court may compel a defaulting seller — or sometimes buyer — to complete the sale.
When is it available?
A party generally must show a valid, enforceable agreement of sale, that it was ready and able to perform its side, and that money damages would not be an adequate substitute. Because land is treated as unique, courts are more willing to order specific performance in real estate than in most other contracts.
How it plays out
A buyer facing a seller who tries to back out — often to take a higher offer — can sue for specific performance and frequently records a notice that clouds title while the case is pending, which pressures a resolution.
How Nochumson P.C. helps
Nochumson P.C. pursues and defends specific-performance actions for buyers and sellers across Pennsylvania. Contact us if a party is trying to walk from a signed deal.
Related articles:
- Agreement of Sale in PA Real Estate: Buyer's & Seller's Guide
- Deed in Lieu of Foreclosure
- Option-to-Purchase Agreements
- Purchase & Sale Agreements: Commercial Deal Terms
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