What Is Specific Performance?
Specific performance is a court order requiring a party to perform their obligations under a contract. Unlike monetary damages (which compensate for a breach), specific performance forces the breaching party to actually complete the deal. In real estate, this typically means compelling the seller to transfer the property to the buyer at the agreed price.
Florida courts grant specific performance in real estate cases because every parcel of land is considered legally unique. Money damages cannot adequately compensate a buyer who loses a specific property, because no other property is identical.
Florida Legal Framework
Specific performance in Florida is an equitable remedy governed by common law principles. To obtain specific performance, the plaintiff must prove:
- Valid, enforceable contract — A binding purchase agreement signed by both parties that satisfies the Statute of Frauds (must be in writing for real estate).
- Plaintiff's performance or readiness — The party seeking specific performance must have performed their own obligations or be ready, willing, and able to perform (including having the funds to close).
- Defendant's breach — The other party refused or failed to perform without legal justification.
- No adequate remedy at law — Money damages alone cannot make the plaintiff whole. This element is presumed in real estate transactions.
The court also considers equitable defenses such as laches (unreasonable delay), unclean hands (the plaintiff's own misconduct), and whether enforcement would cause undue hardship.
Lis Pendens and Specific Performance
A buyer seeking specific performance should immediately record a lis pendens to prevent the seller from selling the property to a third party during the lawsuit. Without a lis pendens, the seller could convey the property to another buyer, potentially defeating the specific performance claim.
Seller's Right to Specific Performance
Sellers can also seek specific performance against a defaulting buyer, compelling the buyer to close and pay the purchase price. However, sellers more commonly pursue the earnest money deposit as liquidated damages, which is faster and less expensive than litigation.
Related Terms
- Lis Pendens — Protects the buyer's interest during the lawsuit
- Earnest Money — Alternative remedy for breach of contract
- Escrow — Holds funds pending contract performance
Barnes Walker Contract Litigation
Barnes Walker's litigation attorneys handle specific performance actions for buyers and sellers throughout Southwest Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC