What is a claim for specific performance in a real estate dispute?

A claim for specific performance in a real estate dispute is a legal demand for one party to take a specific action to satisfy an obligation outlined in a contract. This form of legal remedy is sought in California when money damages are inadequate to compensate the aggrieved party. Specific performance involves an order from a court to the breaching party to carry out the obligations outlined in the contract. For example, if a property was sold with certain specifications and the buyer finds that the property does not fit the agreement, the buyer can file a claim for specific performance. The court will then order the seller to make the necessary repairs or restitution to make the property conform to the agreement. Another example of a claim for specific performance in a real estate dispute would be if one party failed to execute a deed to a property. The aggrieved party would then file a lawsuit and seek specific performance from the court. The court would then order the defendant to transfer the deed to the plaintiff as stated in the contract. In cases of real estate litigation, specific performance is rarely granted as it is only for cases where money damages is inadequate. The court will consider if the party seeking the specific performance is likely to be harmed if the order is not granted, and how much the other party will be harmed if the order is granted.

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What is a claim for specific performance in a real estate dispute?

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