Specific Performance

Specific Performance Information

Specific Performance is an equitable remedy granted at the discretion of the court based on fairness and the circumstances of the case.
It is most commonly applied in real estate transactions, as each parcel of land is considered unique and cannot easily be replaced with money.
To obtain this remedy, the requesting party must prove that a valid contract exists, that they have performed or are ready to perform their part, and that monetary damages would be inadequate.
Courts are generally reluctant to order specific performance for personal service contracts or situations requiring ongoing supervision.

Florida Legal Definition

Under Florida law, specific performance is recognized as an equitable remedy that compels a party to perform their obligations under a valid and enforceable contract.
Florida courts may grant specific performance when monetary damages are insufficient to make the non-breaching party whole.
This remedy is particularly common in real estate contracts, as land is considered inherently unique.
The party seeking specific performance must demonstrate a clear contractual right, readiness to perform their own obligations, and the absence of any adequate legal alternative.
Courts exercise discretion to ensure enforcement is fair and practical in each case.

How It’s Used in Practice

In practice, specific performance is often sought in disputes involving real estate, business asset purchases, and unique goods.
For example, if a seller refuses to transfer property after signing a valid sale agreement, the buyer may sue for specific performance to compel the sale.
In Florida, this remedy is frequently included in real estate contracts as an available option.
Attorneys may include specific performance clauses to reinforce enforcement rights and discourage breaches.
Courts assess whether ordering performance is fair, possible, and consistent with the contract terms.

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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THIS IS TO GIVE YOU NOTICE that Barnes Walker Title, Inc. is a separate entity from Barnes Walker, Goethe, Perron, Shea, Johnson & Robinson, PLLC (“BWGPSJR). However, BWGPSJR has a business relationship with Barnes Walker Title, Inc. Barnes Walker Title, Inc. is wholly owned in equal shares by two of the three principals of BWGPSJR, Garret T. Barnes and Adron H. Walker. As such it is not uncommon for BWGPSR to refer clients to Barnes Walker Title, Inc. Because of this relationship, any such referral will provide a financial or other benefit to those principals of BWGPSR.

Pursuant to 12 C.F.R. § 1024.15(b)(2) (2021), as a client of BWGPSR, you may be referred to Barnes Walker Title, Inc. for the issuance of a title insurance policy and other settlement services as part of BWGPSJR’s representation of you in connection with the settlement of your loan on, or the sale, purchase, or refinance of, your property.

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By using this website, you indicate that you have read the above Disclosures, and understand the business relationship between the separate entities Barnes Walker, Goethe, Perron, Shea & Johnson, Robinson, PLLC and Barnes Walker Title, Inc. and that the stated principals of BWGPSJR and Barnes Walker Title, Inc. may receive a financial or other benefit as the result of the referrals stemming from this business relationship.

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