Specific performance
A lawsuit asking a court to force a defaulting party to complete the sale rather than just pay damages. Rare in residential deals but available in most states.
Every term like this one lights up in the step you're on.
Free to set up. No credit card.Part 1 of 4
Why a seller cares
It is the remedy that forces a sale rather than paying for a broken one, and it mostly runs against sellers. A seller who signs and then refuses to close can be ordered by a court to sell anyway.
Part 2 of 4
A simple example
You sign at $300,000, then get a $330,000 offer and refuse to close. The buyer sues for specific performance rather than damages.
| What the buyer asks the court for | What it means |
|---|---|
| Damages | Money for what the broken deal cost them |
| Specific performance | An order that you sell at $300,000 as agreed |
| Nothing; they walk | The deposit goes back to them and both sides move on |
Because every home is one of a kind, courts will sometimes order the sale itself rather than a payment.
Part 3 of 4
What people get wrong
That backing out costs a seller nothing more than a lost deposit. A seller has no deposit to lose, and this is the remedy that fills the gap.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
One piece of your sale. Here is where all the pieces live.
In your room, this word explains itself where it appears.
Keighbor keeps your whole home sale in one place and defines every term like this one right where you meet it, in the step you're on. Free to set up, with or without an agent.