Understanding Specific Performance for Settling a Breach of Contract

Jul 31, 2018


Welcome to KLA Signing Service's comprehensive guide on the concept of specific performance for settling a breach of contract in the Real Estate industry. In this article, we will delve into the details of this legal concept, its applications, and its significance in ensuring fair resolutions for both parties involved.

What is Specific Performance?

Specific performance is a legal remedy available to parties involved in a contract to compel the defaulting party to perform their contractual obligations as specified. In the context of breach of contract, it involves the court ordering the party in breach to fulfill their promises or obligations under the contract, rather than providing monetary compensation.

How Does Specific Performance Apply to Real Estate?

In the realm of Real Estate, specific performance can be particularly valuable due to the unique nature of property transactions. Unlike other assets, each property holds distinctive characteristics, making it challenging to find an exact replacement. Therefore, specific performance becomes a crucial tool to ensure that the non-breaching party receives the exact property they bargained for.

The Elements Required for Specific Performance

For specific performance to be granted, certain essential elements must be satisfied:

  1. Valid and Enforceable Contract: There must be a valid and enforceable contract between the parties involved, which clearly outlines the obligations of each party.
  2. Breach of Contract: The non-breaching party must demonstrate that the other party has failed to fulfill their obligations or promises as specified in the contract.
  3. Inadequate Legal Remedies: The non-breaching party must prove that monetary compensation would not sufficiently address the harm caused by the breach due to the unique nature of the subject matter, such as a property.
  4. Feasibility and Reasonableness: The court must determine that it is feasible and reasonable to enforce the specific performance of the contract, without causing undue hardship to either party.

Benefits of Seeking Specific Performance

When faced with a breach of contract, pursuing specific performance can offer several advantages:

  • Preservation of Expected Outcome: Specific performance allows the non-breaching party to obtain the exact property or desired outcome they anticipated when entering the contract.
  • Unique Asset Protection: Real Estate properties are often unique and have distinct characteristics. Specific performance ensures the preservation of these particular features, which may be challenging to replicate.
  • Consideration of Long-Term Interests: Instead of simply receiving monetary compensation, specific performance takes into account the long-term interests and intentions of both parties involved in the contract.
  • Strengthening Future Contractual Relationships: Successful enforcement of specific performance can serve as a deterrent for potential breaching parties, thus fostering a climate of trust and accountability in future contractual relationships.

Challenges in Seeking Specific Performance

While specific performance can be an ideal remedy in certain situations, there are challenges that need to be considered:

  • Complex Legal Procedures: Seeking specific performance requires navigating complex legal procedures that involve providing substantial evidence and arguments to support the claim.
  • Court Discretion: The court holds discretion in determining whether specific performance is an appropriate remedy based on the facts and circumstances of each case.
  • Alternative Remedies: In some instances, the court may decide that alternative remedies, such as monetary compensation, are more appropriate, especially if specific performance would cause undue hardship or is impractical.
  • Time and Cost: Pursuing specific performance can involve significant time and cost, especially if litigation is needed to enforce the court's decision.


In conclusion, understanding the concept and applications of specific performance is crucial for all parties involved in the Real Estate industry. As a leading provider of legal services, KLA Signing Service is dedicated to helping individuals and businesses comprehend the intricacies of contracts, breach resolutions, and available remedies. By providing valuable insights and expertise, we aim to assist our clients in achieving fair and successful outcomes in their contractual endeavors.

For more information or to seek personalized legal advice, please contact KLA Signing Service today.

Jessica Klingsporn
This guide provides valuable insights on specific performance in contract breaches. A must-read!
Nov 10, 2023
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This article provides a comprehensive guide on understanding specific performance in settling contract breaches. Very informative and helpful.
Oct 14, 2023