Specific Performance in Real Estate Law
Breach of Contract? Contact a San Diego Real Estate Attorney
When individuals or businesses agree to a legal contract, all parties are beholden to the contract’s terms. If one party fails to uphold his or her end of the contract, the court may order specific performance to force the breaching party to fulfill the contractual terms. This is not always the most practical remedy for every real estate dispute, and specific performance will not always be available for every contract and situation.
Our San Diego real estate attorneys at Purdy & Bailey, LLP, are in a unique position to enforce a contract or advise you on the best course of action if you are accused of breaching a contract. We divide our team equally between litigation and transactional work; we can analyze your documents to find out if a breach of contract occurred, and we can represent you in court regarding litigation of contractual obligations.
Put more than 65 years of legal experience to work for you. Call (858) 360-7080 to speak with our firm today.
Can I Receive Specific Performance After a Contract Breach?
Specific performance is an equitable remedy that is not available in all situations. It may not be issued if awarding monetary damages would serve the same ends. If a company owes for work from unpaid independent contractors, for example, the court would likely issue a judgment to compensate you for your losses instead of ordering specific performance of the outstanding work.
If specific performance is not available for your situation, a person or business can still receive monetary damages after a breach of contract. A court will order compensation to cover all losses and make the non-breaching party whole again.
Defenses against Specific Performance
If you are a party to a contract and the other side is accusing you of a breach and requesting specific performance, you may have various equitable defenses. The first inquiry is whether the contract itself is enforceable, and if so, whether a breach occurred.
Additional defenses against specific performance include:
- Unclean Hands - If the party seeking specific performance has not fulfilled its own obligations, or has done something unlawful, the court will likely not order this remedy.
- Laches - This defense is appropriate when a party has “sat on their rights” for too long to expect the other side to fulfill the contract terms.
- Undue Hardship - This is applicable when specific performance is simply not practical, or the party would bear undue hardship to carry out the contract.
Contact a Trusted San Diego Real Estate Lawyer for Specific Performance Matters!
When someone fails to abide by the terms of a commercial lease or property agreement, our firm can parse through the complexities of any legal document and find out what needs to be done. These fields can be very complicated and everyone is in a different situation. We can chart out a path towards a successful resolution and guide you through the process.
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