What is an action for specific performance in a real estate dispute?

An action for specific performance in a real estate dispute is a legal action that a party can take to compel the other party to fulfill their obligations within the agreement. The action is typically used when the failure of one party to perform their obligations has caused the other party to suffer a breach of contract. In California, when a party brings a specific performance action, they are asking the court to rule that the other party must fulfill the terms of their contract. The court then has the authority to order the breaching party to complete the agreement as promised or to take other steps that the court deems necessary for the contract to be fulfilled. For a successful outcome of an action for specific performance, the court will consider factors such as the financial damages sustained by the non-breaching party, if the terms of the contract are clear and enforceable, and if the breaching party has the financial means to fulfill the agreement. Specific performance is a common remedy in real estate litigation, as it is often the best way to ensure that an agreement is fulfilled. It is important to note, however, that specific performance is not always granted, as the court must feel that it is necessary to grant the order and in the best interest of both parties.

Related FAQs

What is an action for specific performance in a real estate dispute?

Related FAQs

Related Blog Posts