Specific Performance Lawyers

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What Is Specific Performance?

Specific Performance is a court order stipulating that a party must fulfill their part of a contract.  This order comes about mainly when parties agree to a contract, and one party then refuses to complete or even start his part of the contract.   

When Do Courts Tend to Issue a Specific Performance Order?

Specific performance is commonly ordered when unique items are being exchanged such as real estate, antiques, heirlooms, or artwork.       

Specific performance is generally a legal tool that courts resort to only after exhausting all other legal possibilities first.  Most courts are generally reluctant to issue specific performance for the sale of personal property. Usually money damages equal to the value of the goods are awarded instead.  In addition, performance of services such as massages or house paintings are rarely ordered by the court because it is too difficult for the court to oversee the performance.

What Do I Need to Prove to Obtain Specific Performance?

The elements needed in order to obtain specific performance include:

Are There Any Defenses?

Specific performance may be denied if any of the elements needed for specific performance are not met.  In addition, a breaching party may invoke a number of affirmative defenses against the issuance of specific performance.  These defenses include that the:

Do I Need to Consult an Attorney?

Contract law can be quite complicated. Every state has different lawsuit filing procedures and deadlines for breach of contract claims. An attorney can help a party conform to the applicable procedural rules and collect all the proper documents to prove a breach. Furthermore, an attorney can help you negotiate the terms of a contract before you make or accept an offer.

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Last Modified: 11-13-2013 02:57 PM PST

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