Let’s say you are engaged in real estate litigation. You are trying to purchase a piece of land and attendant structures, but the other party backed out of the agreement at the last moment, after you agreed and fulfilled all other terms, including paying the first few installments. You sue, you win and prove that the other side breached the contract. Now you are asked, do you want your money returned and call it even? Or do you prefer the land and buildings?
Since this is a real estate contract, you probably prefer the land. You entered into the contract expecting the building and land, and a return of your original investment (plus reimbursement for your costs to deal with the breach) may place you in the position you would have been had the deal never taken place, but that isn’t where you wanted to be. So, what should you do?
Specific performance is a contract remedy that is available in a narrow set of circumstances. Specific performance means that you ask the court to enforce the terms of the agreement. You agree to pay the rest of the money, and the other side agrees to convey title to the land and buildings to you. Now you have what you wanted in the first place, and the other side is receiving the money they originally bargained for.
Are you engaged in land dispute? If you are, you may want to consult with a lawyer. Requesting specific performance may seem easy however the legal hurdles you must jump through to win that position are quite daunting. An attorney can help you gather the evidence and arguments to bolster your argument. You contracted for that land; you should receive that land as compensation for the breached contract. A lawyer can help you.