Defined term
Specific performance
Specific performance is an equitable remedy compelling a party to perform a real-estate contract as written, rather than paying money damages for breach.
Because every parcel of land is considered unique, money damages are generally inadequate to compensate a buyer for a seller's refusal to close a real-estate contract. Specific performance forces the seller to convey the property at the contract price. Both Alabama and Florida courts grant specific performance in real-estate cases as a matter of course where the contract is enforceable.
Common defenses: failure of a condition precedent, fraud or misrepresentation in formation, unconscionability, statute-of-frauds defects, or the buyer's own material breach. Specific-performance plaintiffs typically file lis pendens at the outset to prevent the seller from conveying to a third party during the litigation.