Hence, the statement of a cause of action in a suit for specific performance calls for two kinds of allegations: those that establish the right to recover for breach of contract, and those that are essential to the granting of the equitable remedy of specific performance. Id. Specific performance is a remedy usually available to buyers, not sellers. All is not lost if you can’t sue for specific performance. Overview. Complaint for Specific Performance or Damages Based on a Contract to Convey Real Property. Specific performance is not often granted. Because specific performance is an equitable remedy available only when the legal remedy of damages is insufficient, when one brings a breach of contract suit, one must elect to sue for either money damages or specific performance. App.–Fort Worth 2003, pet. In order to get specific performance, you have to show that you have no adequate legal remedy. denied).” Kleberg County v. For the ease of Lawyer, format of suit for specific performance is provided with all relevant documents. Because the memorial stone is unique (as is real property), a court could find that specific performance is an equitable remedy. In the event that the court does not order specific performance of the contract, for compensatory damages in the amount of $__ for breach of contract; 3. The court reasoned specific performance cannot be granted where it is dependent upon the acts or assent of a third person not a party to the litigation. Suit For Specific Performance is filed when one of the party in a contract breaches the contract and denying the obligation imposed by the party. In fact, some states prohibit sellers from seeking specific performance. The buyer sued for specific performance, asking the court to direct the seller to transfer the title to the buyer. Specific performance, very simply, is a court order that mandates everyone comply with the language of the written contract. See Carrico v. Kondos, 111 S.W.3d 582, 588 (Tex. In assessing the validity of the vendor's termination of the contract, the Court of Appeal discussed the legal significance of commencing proceedings for specific performance. The remedy of specific performance is definitely available under law to force a Buyer to close upon an agreed purchase. However, in real life (as opposed to the sometimes theoretical world of the law) pursuing specific performance against a Buyer is … can a seller sue for specific performance? Specific performance is generally not the preferred remedy but it can be appropriate when money damages are not adequate in compensating the party seeking relief and/or when one party to an agreement unjustifiably refuses or fails to perform as agreed. The buyer, for instance, could sue the seller for all of the costs put into the transaction, including a return of the earnest money deposit (with interest), as well as the costs resulting from any missed time and opportunities. Id. If one or more parties in a contract fail to live up to the agreement, the wronged party or parties can ask that the courts issue a mandate requiring … For this reason, you should get a referral to an attorney and ask whether this remedy is available. For attorney fees in an amount determined by the court to be reasonable as authorized by agreement … Specific performance is an alternative equitrable remedy to a cause of action for breach of contract. As a seller, your legal remedy is clear: the difference in price agreed and price ultimately obtained. If you are not a lawyer and are suing or have been sued, it is best to have or consult a lawyer if possible. No Guarantee. (citing Specific Performance § 92). Seeking specific performance as a seller is rare. 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