When a buyer and seller enter into a contract for the sale of real property there are times when one of the parties fails to perform as agreed. In such cases, the performing party may file suit against the defaulting party for monetary damages or may seek a court order for specific performance. Such an order would force the defaulting party to specifically perform the contract.

The remedy of specific performance recognizes the fact that real estate is unique. No two parcels of real estate are the same because the locations cannot be the same. Thus, the courts generally allow parties to seek an order for performance of the contract when the subject is the transfer of real estate.

The doctrine of specific performance is based upon the fact that money damages is inadequate compensation and that only performance can compensate for the breach of some contracts.