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Specific performance

National Real Estate Exam glossary · Contracts

Definition

An equitable remedy compelling a breaching party to perform the contract as agreed rather than merely pay damages. Because each parcel of land is legally regarded as unique, money is often deemed inadequate, making specific performance a characteristic remedy for the breach of a real estate purchase contract.

Specific performance in plain English

Specific performance is a court order that forces someone who broke a contract to actually go through with the deal, instead of just paying money to make up for it. Normally when a contract is broken, the court hands out cash damages, but with land the law treats every property as one-of-a-kind, so no amount of money truly replaces the exact house or lot you agreed to buy. Imagine you traded for a signed jersey from your favorite player and the seller backs out; being handed cash isn't the same, you wanted that specific jersey. So in real estate, a buyer can often ask the court to make the seller hand over the actual property they promised.

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