Miami Specific Performance Lawyer | Enforce a Florida Real Estate Contract

Specific performance is a remedy that asks a court to order a party to do what a contract requires-often, to close a real estate transaction. If a buyer or seller refuses to close, timing and evidence of readiness to perform are critical. Revah Law litigates Florida specific performance cases and related claims for contract enforcement, including lis pendens strategy where appropriate.

Revah Law represents clients in Miami-Dade, Broward, and Palm Beach Counties, and throughout South Florida.

If you need help with this issue, contact Revah Law to discuss next steps and strategy.

Governing Florida Law

Specific performance is an equitable remedy governed by Florida case law and Florida’s writing requirements for real estate contracts, including § 725.01 (statute of frauds) and § 689.01 (conveyances; witnesses).² Real estate specific performance actions are often paired with lis pendens practice under § 48.23, Florida Statutes.⁴

Table of Contents

• Understanding Specific Performance in Florida
• When is Specific Performance Available?
• The Elements of a Specific Performance Claim
• Specific Performance in Real Estate Contracts
• The Role of a Specific Performance Attorney
• Defenses to a Specific Performance Claim
• Frequently Asked Questions (FAQ)

Specific Performance in Florida Real Estate Deals - When Courts Order Closing

Specific performance is a legal remedy that compels a party to fulfill their obligations under a contract. It is an equitable remedy, meaning that it is granted at the discretion of the court, rather than as a matter of right. Specific performance is typically used in cases where monetary damages are not an adequate remedy for a breach of contract. A Florida specific performance lawyer can help you determine if this remedy is available in your case.

What is Specific Performance?

Specific performance is a court order that requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to awarding damages and is classed as an equitable remedy. For example, if a person has a contract to sell a unique piece of art and then breaches the contract, the court may order them to sell the art to the buyer as agreed, rather than just awarding the buyer monetary damages. A Miami real estate contract enforcement attorney can help you seek specific performance in a real estate transaction.

The Purpose of Specific Performance

The purpose of specific performance is to put the non-breaching party in the position they would have been in if the contract had been performed. It is used when the subject of the contract is unique and cannot be replaced with money. This is often the case in real estate transactions, as each piece of property is considered to be unique. An experienced Florida specific performance lawyer can help you argue that specific performance is the appropriate remedy in your case.

How Specific Performance Works

To obtain an order for specific performance, the non-breaching party must file a lawsuit with the court. The lawsuit will ask the court to order the breaching party to perform their obligations under the contract. The court will then hold a hearing to determine whether specific performance is the appropriate remedy. If the court grants the order, the breaching party will be legally required to perform the contract. If they fail to do so, they can be held in contempt of court.

When is Specific Performance Available?

Specific performance is not available in all breach of contract cases. It is only available when certain conditions are met. A Florida specific performance lawyer can help you determine if this remedy is available in your case.

Unique Subject Matter

Specific performance is typically only available when the subject of the contract is unique. This is because money damages are not an adequate remedy when the subject of the contract cannot be replaced. Real estate is always considered to be unique, which is why specific performance is a common remedy in real estate disputes. Other examples of unique subject matter include rare art, antiques, and custom-made goods.

Inadequate Remedy at Law

Specific performance is only available when the remedy at law (i.e., monetary damages) is inadequate. This means that money cannot fully compensate the non-breaching party for their losses. For example, if a person has a contract to buy their dream home and the seller breaches the contract, money damages may not be enough to compensate them for the loss of that specific home. A Miami real estate contract enforcement attorney can help you argue that money damages are not an adequate remedy in your case.

Feasibility of Performance

The court will also consider whether it is feasible to order specific performance. If it would be impossible or impractical for the breaching party to perform the contract, the court will not order specific performance. For example, if a person has a contract to sell a painting that has been destroyed in a fire, the court cannot order them to sell the painting.

The Elements of a Specific Performance Claim

To succeed in a specific performance lawsuit in Florida, the plaintiff must prove several essential elements. A Florida specific performance lawyer can help you gather the evidence you need to prove these elements and build a strong case.

1. A Valid and Enforceable Contract

The first element is a valid and enforceable contract. The contract must be in writing if it is for the sale of real estate, and it must contain all of the essential terms of the agreement, such as the purchase price, the legal description of the property, and the closing date.

2. The Plaintiff’s Performance or Readiness to Perform

The plaintiff must also prove that they have performed their obligations under the contract or that they are ready, willing, and able to perform. For example, in a real estate transaction, the buyer must show that they have the funds to purchase the property.

3. The Defendant’s Breach

The plaintiff must prove that the defendant has breached the contract. This can include failing to close on the sale of a property, failing to deliver goods, or failing to perform a service.

4. Inadequate Remedy at Law

As mentioned earlier, the plaintiff must prove that the remedy at law (i.e., monetary damages) is inadequate. This is typically easy to prove in real estate cases, as each piece of property is considered to be unique.

5. The Court’s Ability to Enforce the Contract

The plaintiff must also show that the court is able to enforce the contract. This means that the terms of the contract must be clear and definite enough for the court to be able to order the parties to perform their obligations.

Specific Performance in Real Estate Contracts

Specific performance is a particularly important remedy in real estate transactions. Because each piece of property is considered to be unique, money damages are often not an adequate remedy for a breach of a real estate contract. A Florida specific performance lawyer can help you seek specific performance in a real estate dispute.

Why Real Estate is Considered Unique

Under the law, each piece of real estate is considered to be unique. This is because no two pieces of property are exactly alike. They differ in location, size, shape, and other characteristics. Because of this uniqueness, money damages are often not an adequate remedy for a breach of a real estate contract. If a seller breaches a contract to sell a property, the buyer cannot simply go out and buy another property that is exactly the same. This is why specific performance is a common remedy in real estate disputes.

Specific Performance for Buyers

If a seller breaches a contract to sell a property, the buyer may be able to seek specific performance to force the seller to complete the sale. To succeed, the buyer must prove that they have a valid contract, that they are ready, willing, and able to perform, and that the seller has breached the contract. A Miami real estate contract enforcement attorney can help buyers seek specific performance.

Specific Performance for Sellers

In some cases, a seller may also be able to seek specific performance against a buyer. This is less common, as a seller can typically recover money damages if a buyer breaches a contract. However, if the seller can show that money damages are not an adequate remedy, they may be able to seek specific performance to force the buyer to complete the purchase.

The Timeline for Specific Performance in Real Estate

A specific performance lawsuit in Florida can take a significant amount of time to resolve. The typical case can take from one to three years to reach trial, depending on the court’s caseload and the complexity of the case. A Florida specific performance lawyer can help you understand the timeline for your case and can work to resolve your case as quickly as possible.

The Role of a Specific Performance Attorney

Navigating a specific performance lawsuit can be legally complex and time-consuming. A Florida specific performance lawyer can provide you with the legal expertise, guidance, and representation you need to protect your interests and achieve a favorable outcome.

Why You Need a Specific Performance Attorney

A specific performance lawsuit is a complex legal proceeding that requires a thorough understanding of contract law and equitable remedies. A Miami real estate contract enforcement attorney can help you understand your rights and options and can take action to protect your interests.

How a Specific Performance Attorney Can Help

A specific performance attorney can provide a wide range of services, including reviewing your contract to identify any potential issues, advising you on your legal rights and options, negotiating with the other party to try to resolve the dispute, drafting and filing a lawsuit if necessary, representing you in court, and enforcing any judgment you may obtain.

What to Look for in a Specific Performance Attorney

When choosing a specific performance attorney, it is important to select a lawyer with experience in real estate litigation. Look for an attorney who is knowledgeable about Florida contract law and who has a proven track record of success in handling specific performance cases. It is also important to choose an attorney who is a good communicator and who will keep you informed about the progress of your case.

Defenses to a Specific Performance Claim

If you are being sued for specific performance, there are several defenses that may be available to you. A Florida specific performance lawyer can help you evaluate your defenses and can take action to protect your interests.

Lack of a Valid Contract

One defense to a specific performance claim is that there is no valid contract. If the contract is missing an essential term, or if it was not properly executed, it may not be enforceable.

Plaintiff’s Failure to Perform

Another defense is that the plaintiff has failed to perform their obligations under the contract. If the plaintiff has not performed, or is not ready, willing, and able to perform, they cannot seek specific performance.

Unclean Hands

The doctrine of unclean hands is a defense that can be raised if the plaintiff has engaged in inequitable conduct. If the plaintiff has acted in bad faith or has engaged in fraud or misrepresentation, the court may refuse to grant specific performance.

Laches

Laches is a defense that can be raised if the plaintiff has unreasonably delayed in bringing their lawsuit. If the plaintiff has waited too long to seek specific performance, the court may refuse to grant the remedy.

Hardship

The court may also refuse to grant specific performance if it would cause undue hardship to the defendant. This is a discretionary defense that the court will consider on a case-by-case basis.

Impossibility or Impracticability

If it is impossible or impractical for the defendant to perform the contract, the court will not order specific performance. For example, if the property that is the subject of the contract has been destroyed, the court cannot order the defendant to sell it.

Frequently Asked Questions (FAQ) about Florida Specific Performance (Real Estate Contracts)

1. What is “specific performance” in a Florida real estate dispute?

Specific performance is an equitable remedy where the court orders a party to perform a real estate contract (for example, requiring a seller to close and deliver title), rather than awarding damages alone. Florida courts recognize that real property is often treated as unique, which is why specific performance is sought in appropriate cases.¹

2. What must a party generally prove to obtain specific performance of a real estate contract?

While the analysis is fact‑specific, Florida decisions addressing specific performance emphasize that the contract must be enforceable under Florida’s writing requirements and must contain the essential terms of the transaction.² Whether equitable relief is appropriate can also depend on traditional equitable considerations (including diligence and fairness).

3. What contract defects can defeat a specific performance claim?

Common defenses include: missing essential terms, failure to satisfy the statute of frauds, lack of mutuality, impossibility, laches, and unclean hands. Florida courts have held that the writing must contain the essential terms and those terms generally may not be supplied by parol evidence when specific performance is sought.¹

4. Can emails or a set of documents satisfy Florida’s writing requirement?

Sometimes. Florida courts have explained that a real estate contract can be “embodied in one or more written documents or memoranda” signed by the party against whom enforcement is sought.³ Whether multiple writings satisfy the statute of frauds depends on how the documents connect and whether they contain the essential terms.

5. Is a lis pendens available in a specific performance lawsuit?

Often, yes. Florida’s lis pendens statute expressly addresses actions for specific performance, but the proponent must still establish a fair nexus between the claim and the real property at issue.⁴

6. What should parties do when a closing is collapsing?

Document the timeline, preserve communications, review default/notice provisions, confirm ability to perform, and consider prompt injunctive and notice remedies where appropriate (including lis pendens strategy). Because equitable remedies are discretionary and fact‑sensitive, early legal analysis can be critical.