It is virtually impossible to obtain title insurance necessary to convey title while an action for specific performance is pending. Search, California law states that specific performance may be compelled. Specific performance is an action to compel a party who breached a contract to perform the contract as promised. (1) Specific performance may be decreed where the goodsare unique or in other proper circumstances. The second requirement is meant to ensure that the other party (the plaintiff) also has performed or will perform its obligations as specified by the contract. Specific performance is a legal demand that a party perform some act. Visit our professional site », Created by FindLaw's team of legal writers and editors Specific performance is an equitable remedy where the court orders the breaching party to actually perform on the contract. Since there is no other piece of property or house exactly like Beth's, Rina may be entitled to specific performance on the contract. Thus, specific performance is the presumed remedy for the breach of an agreement to transfer real property. Copyright © 2020, Thomson Reuters. It is similar to specific performance and often used interchangeably in statutes. For example, California law states that specific performance may be compelled if: Specific performance would otherwise be an appropriate remedy;  and. Courts can order defendants in contract disputes to actually perform the contractual duties as originally agreed if it is determined that money alone cannot resolve the issue. Site-specific workemerged in the late 1960’s as an art-form that made a unique use of site andsite features to influence the shape and form of the design: these sites wereusually highly different or unique from all others and so each sculpture,art-work or performance had its own unique characteristics. Specific performance may be ordered where the subject matter of the contract has unique qualities (such as land, paintings, shares in a private company) and the defendant is shown to have acted in breach of his obligations under the contract. Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. When Specific Performance May Be Ordered in a Real Estate Transaction. Beth would be compelled to go through with the sale. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead. The power to grant specific performance is within the sound discretion of the trial court. A specific performance example is when a party defaults on its contractual obligation and is ordered by the court to fulfill said obligations. c.)Where goods are unique or rare. | Last updated January 16, 2018. Although the theory can be applied to many situations, it is most often seen in real estate transactions. (3) The buyer has a right of replevin for goods identified to the contractif after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. Protect the integrity and future success of your business by contacting a local small business attorney today. When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation. Primary tabs. Specific performance is the legal concept that anyone who signs a contract is bound to the terms of the contract. Specific per… Thus, specific performance orders are usually for unique items such as real estate, antiques, heirlooms and artworks. To obtain specific performance, the buyer must show that he or she was ready and able to perform at the closing. This particularly is the case with undeveloped properties. (2)The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just. Courts will enforce specific performance only if the underlying contract was fair and equitable. Specific performance will be granted where the contract involves a unique chattel; the court determines whether a chattel is unique. Civ. Real estate is considered to be unique. Specific performance is an alternative to a courts decision to award damages and it is commonly used as injunctive relief in cases involving real property or the disclosure of confidential information. Should a party default on his obligation, a court may issue an order for specific performance, requiring a party to perform a particular action. § 2-716. 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