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 must prove the following elements:
(1) A contract exists – A buyer must prove the existence of a contract by clear, definite, and certain evidence. Muhtar v. Goldman, 419 So. 2d 383, 383 (Fla. 3d DCA. 1982). Buyer will need to prove that buyer and seller intended to enter a real estate contract and both parties signed the contract.
(2) Buyer complied the contract – The buyer must prove that the buyer complied with the conditions of the contract. R.P.M. Enter., Inc. v. Murphy, 575 So. 2d 1347, 1348 (Fla. 3d DCA 1991).
(3) Buyer was ready, willing, and able to buy – The buyer must prove that the buyer complied with the conditions of the contract, and that the buyer was ready, willing, and able to perform buyer’s obligations under the contract. Hollywood Mall, Inc. v. Capozzi, 545 So. 2d 918, 920 (Fla. 4th D.C.A. 1989). To prove that the buyer was ready, willing, and able to purchase the property, the Florida Supreme Court held that a plaintiff is ready, willing, and able to perform when the plaintiff “is able to command the necessary money to close the deal on reasonable notice or within the time stipulated by the parties.” Perper v. Edell, 160 Fla. 477, 485 (Fla. 1948).
(4) Money damages are inadequate – The buyer must allege that money damages would be inadequate to place the buyer in the position buyer would have been in if the contract had been performed.