Texas Complaint for Specific Performance of Real Estate Contract
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How to fill out Complaint For Specific Performance Of Real Estate Contract?
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FAQ
If parties wish to remove the option of a suit for specific performance of contract, they can do so by stating it explicitly in the contract. In cases like this, the court will settle the liquidated damages as specified in the contract.
The purpose of a specific performance clause is to provide protection for both parties to a contract or agreement when simple monetary compensation would not be adequate. This could involve the purchase or sale of unique property such as real estate, artwork, or other valuables.
In addition, a defendant can also defend against an award of specific performance by demonstrating serious unfairness, undue hardship or unreasonable prejudicial delay.
Thus, a complaint for specific performance should allege: The making of a specifically enforceable type of contract, sufficiently certain in its terms and with legally competent parties; Adequate mutual consideration; Just and reasonable contract; Plaintiff's performance, tender, or excuse for nonperformance;
If a buyer decides not want to go through with a sale, the seller may file a lawsuit for specific performance of the sales contract.
A party seeking the remedy of specific performance must prove and plead 1) compliance with the contract including tender of performance unless excused by the defendant's breach or repudiation and 2) it was ready, willing, and able to perform at relevant times. DiGiuseppe v. Lawler, 269 S.W. 3d 588, 593-94, 601 (Tex.
The only way to defend a specific performance lawsuit is to show that the party seeking performance has not met the requirements for specific performance, that there was a breach or fraud by the party seeking specific performance, or that specific performance is not the adequate remedy.
A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. Most commonly ordered in cases involving real property and rare chattels.