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

A claim for specific performance in a real estate dispute is when a party to a real estate contract asks the court for a remedy that will force the other party to carry out the terms of the contract as originally agreed. In Washington, specific performance is often sought in real estate litigation when the dispute involves unique property or when monetary damages would be insufficient to cover the cost of obtaining similar property. When a party files a claim for specific performance in a real estate dispute, they are asking the court to grant an order that requires the other party to fulfill their contractual obligations. The court will use the specific facts of the case to determine if specific performance is the appropriate remedy. Generally, the court will consider whether the contract itself is valid and enforceable, if the party that is seeking specific performance has fulfilled their contractual obligations, and if the financial cost of obtaining similar property is too great to be covered by monetary damages. When the court decides to grant specific performance as part of a real estate dispute, the remedy is usually a court order that requires the other party to perform as specified in the contract. The party seeking specific performance must also show that they are capable and willing to perform their contractual obligations. As part of the court order, the other party will usually be required to pay legal costs and reasonable attorney’s fees.

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

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