Vendee's Right to Specific Performance Information
Specific performance forces the seller to perform the contract (deliver the deed and transfer the property). This remedy is preferred over monetary damages in real estate because: every property is legally unique (no two parcels of land are identical), monetary damages cannot adequately compensate the buyer for the loss of a unique property, and the buyer contracted for this specific property (not just any comparable property). The buyer must demonstrate: a valid and enforceable contract exists, the buyer has performed (or is ready, willing, and able to perform) their obligations, the seller has breached (refusing to close or failing to deliver marketable title), and monetary damages are inadequate (the property is unique and cannot be replaced). The seller may also seek specific performance against the buyer, though this is less common.
Florida Legal Definition
Specific performance in Florida real estate is governed by common law and equitable principles. Under Florida law: specific performance is the presumptive remedy for breach of a real estate purchase contract (the buyer does not need to prove the property is unique; uniqueness is presumed for all real property), the buyer must show: a valid contract, ready and willing performance, and the seller's breach. Under the Florida Bar/FAR contract, the prevailing party in a specific performance action may recover attorney's fees (providing an incentive for the breaching party to settle). Florida courts have broad discretion in granting specific performance: the court may impose conditions (such as price adjustments for title defects), refuse specific performance if it would be inequitable (such as when the buyer has engaged in bad faith), or award damages in lieu of specific performance (if specific performance is impractical).
How It's Used in Practice
In practice, attorneys pursue specific performance when a seller refuses to close. The attorney: evaluates the contract and the seller's breach (confirming the buyer has a valid claim), files a lis pendens (providing constructive notice of the pending litigation and preventing the seller from selling to another buyer), files the specific performance complaint in circuit court, demonstrates the buyer's readiness to perform (the buyer must have the funds and be prepared to close), and obtains a court order requiring the seller to convey the property. The attorney also evaluates: whether the buyer has clean hands (the buyer must not have engaged in inequitable conduct), whether the contract terms are clear and definite, and whether any defenses apply (such as the statute of limitations or the seller's inability to perform). Filing the lis pendens is critical: without it, the seller may sell the property to a third party, making specific performance impossible.
Key Takeaways
- Specific performance: court orders seller to complete the sale.
- Preferred remedy for real estate because every property is unique.
- File lis pendens immediately to prevent sale to third party.
- Buyer must demonstrate valid contract and readiness to perform.
- Prevailing party may recover attorney's fees under FL Bar/FAR contract.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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