Specific performance is a legal remedy in contract law. It occurs when a party to a contract fails to fulfill their obligations, and the other party seeks a court order to compel compliance with the contract terms. This remedy is typically pursued when monetary damages are insufficient to address the breach, particularly in cases involving unique items or real estate.
Specific performance is primarily used in civil law, particularly in contract disputes. It is most relevant in cases involving real property, such as the sale of a home, or unique goods that cannot be easily replaced. Users can often manage these situations with the help of legal forms and templates provided by services like US Legal Forms, which can guide them through the process of filing for specific performance.
Here are a couple of examples of abatement:
Example 1: A buyer contracts to purchase a rare painting. The seller refuses to deliver the painting after receiving payment. The buyer may seek specific performance to compel the seller to hand over the painting, as it is unique and cannot be replaced with money.
Example 2: A couple enters into a contract to buy a specific piece of land. If the seller backs out of the deal, the couple may file for specific performance to enforce the sale, as the land holds particular significance for them. (hypothetical example)
| State | Specific Performance Rules |
|---|---|
| California | Specific performance is commonly granted for real estate contracts. |
| New York | Specific performance is available when the subject matter is unique. |
| Texas | Specific performance can be sought in real estate transactions and certain contracts. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
If you believe you need to pursue specific performance, consider the following steps:
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