Category: Real Estate Litigation

Specific performance is an equitable remedy that can be ordered by a court when a contract is breached. Specific performance forces the breaching party to perform the contract pursuant to the terms of the contract. Elements of specific performance: To defend against specific performance, the first step is to show that one or more of…

Specific performance is an equitable remedy that can be ordered by a court when a contract is breached. Specific performance forces the breaching party to perform the contract pursuant to the terms of the contract. In the context of real estate, a specific performance lawsuit is commonly the buyer forcing a breaching seller to sell…

Specific performance is a remedy more commonly used by buyers when sellers refuse to close on a real estate transaction. If a seller refuses to sell, the buyer might be able to file a specific performance lawsuit to force the seller to sell the property to the buyer. A buyer seeking specific performance in Florida…

There are two possible categories of remedies when a party breaches a real estate contract, equitable and monetary. An equitable remedy requires the breaching party to do something or refrain from doing something. A monetary remedy requires the breaching party to pay the other party monetary damages. Specific performance is an equitable remedy that can…