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

An action for specific performance is a legal remedy available in real estate litigation law in Texas. This remedy requires a court to order one of the parties (the defendant) to take a specific and defined action with respect to a piece of real property, such as to perform a contract, convey title, or pay a specified sum. In order to obtain an action for specific performance, a plaintiff typically must demonstrate that there is an enforceable contract for the sale or transfer of real estate. The plaintiff must also prove that they have performed their obligations under the contract and have been injured by the defendant’s failure to perform their obligations. The court must also determine that an action for specific performance is the best remedy for the plaintiff. This means that the court must determine that the plaintiff would suffer greater harm by not obtaining the specific performance than the defendant would suffer by having to take the specific action as ordered by the court. Because of the complexity of a real estate dispute, an action for specific performance is typically pursued as a last resort after all other avenues of obtaining the desired remedy have been exhausted. It is important to seek the advice of an experienced real estate attorney before deciding to pursue an action for specific performance.

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

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