Texas Plaintiffs Original Petition regarding Breach of Land Purchase Contract
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FAQ
All of the TREC-promulgated purchase contract forms expressly provide the remedy of Specific Performance in their provisions related to Default (see below). Notably, the remedy is granted to both Buyers and Sellers, so either party may bring a suit for specific performance if the other fails to close.
Obtaining Specific Performance in a Breach of ContractSpecific performance is a legal remedy that binds the parties of a contract to the terms of the contract.
However, to win a specific performance lawsuit the buyer`s sales contract must be exact enough for the court to order its performance. To prevent the seller from selling the property to another buyer, most specific performance lawsuits also involve recording a lis pendens against the home`s title.
A complaint for specific performance must allege: (a) the making of a specifically enforceable type of contract, sufficiently certain in its terms; (b) adequate consideration, and a just and reasonable contract; (c) plaintiff's performance, tender or excuse for nonperformance of the contract; (d) defendant's breach of
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract.
Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. 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.
What are the Remedies for Breach of Contract? There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.
Specific performance is an alternative equitable remedy to a cause of action for breach of contract.
A buyer facing a seller who refuses to perform can sue the seller for specific performance of the contract. Specific performance is equitable relief and will only be awarded when damages would not make the buyer whole. Since real estate is considered unique, a real estate contract qualifies.
