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Specific Performance
Other party won't honor a contract? Jimenez Legal seeks specific performance to enforce the deal you agreed to in Florida.
Specific Performance in Florida
Specific performance is a court order that compels a party to actually carry out their contractual promise instead of simply paying money for breaking it. Florida courts grant this remedy when the subject of the contract is unique and money damages would not adequately compensate the wronged party. Real estate is the classic example, because every parcel of land is considered one of a kind, but it can also apply to rare goods, business interests, and other irreplaceable assets.
To obtain specific performance you generally must show a valid, definite, and enforceable contract, that you have performed or stand ready, willing, and able to perform your own obligations, and that damages would be an inadequate remedy. Because it is an equitable remedy, the court also weighs fairness and whether ordering performance would be practical and just under the circumstances.
This remedy is especially valuable for buyers when a seller gets cold feet or receives a higher offer and tries to walk away from a signed real estate contract. Rather than accepting the loss of the property, specific performance can force the sale to close on the agreed terms.
This is part of our Contract Law practice. When performance is no longer possible we pursue breach of contract damages, and we also handle enforcement of contract matters. Review our case results, learn about Attorney Edward G. Jimenez, or request a free consultation by calling (321) 465-3425.
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When Courts Order Specific Performance
Specific performance is the exception, not the rule, because courts prefer to resolve breaches with money. It becomes available when the contract involves something unique that damages cannot replace, most often real estate, but also rare or one-of-a-kind goods and certain business interests. The contract must be clear and complete enough for a court to enforce its exact terms, and the party requesting it must come to court having honored, or being ready to honor, their own side of the bargain.
Proving You Are Ready to Perform
A central requirement is that you are ready, willing, and able to do your part, such as having financing in place to close a real estate purchase. We document your readiness, preserve evidence that the contract is binding, and show the court why money alone would leave you worse off. For a buyer that often means demonstrating that no comparable property exists; for a seller it can mean enforcing a buyer's obligation to close the deal.
Don't Let the Other Side Walk Away
If a seller or counterparty is backing out of a binding deal, time and evidence matter. Recording your demand for performance, preserving the contract and communications, and acting quickly all strengthen your position. We move fast to protect the transaction and, where appropriate, file suit and record a notice that protects your interest in the property. Call Jimenez Legal at (321) 465-3425 or request a free consultation.
Frequently Asked Questions
It is a court order requiring a party to perform their contractual obligations instead of merely paying damages.
Most often for unique property like real estate, where monetary damages cannot adequately replace the promised item.
No. It is reserved for cases where the subject is unique and money damages would be inadequate.
Yes. Courts generally require that you are ready, willing, and able to fulfill your own obligations.
Then a damages claim for breach of contract is usually the appropriate remedy.
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