Specific Performance Attorney Serving Stafford, Texas

Specific performance is a court-ordered action compelling parties to fulfill their contractual obligations. It is a remedy sought when monetary compensation does not suffice. 

At The Parzivand Law Firm, PLLC, Hessam Parzivand, Attorney at Law has resolved specific performance cases for countless clients in Texas, including those in Stafford, Sugar Land, Fort Bend County, and surrounding areas.  

Why should you hire him for your specific performance issue? When disputes arise, you need an attorney who understands the nitty-gritty of contract law and has experience in commercial litigation.

Whether you're a buyer denied a property contract or a business owner facing a breached agreement, he can guide you through the process with legal acumen and a personal touch. 

Understanding Specific Performance 

Specific performance is a legal remedy often associated with breach of contract cases. Instead of receiving financial compensation, the aggrieved party requests a court order to enforce the terms of the contract. This remedy is particularly relevant in real estate transactions where the unique nature of the property makes financial reparations inadequate. 

When is Specific Performance Applicable? 

Specific performance is typically applicable under certain conditions, including: 

• Unique subject matter: The item or service contracted is unique and cannot be easily substituted, like real estate properties or rare collectibles. 

• Clear contract terms: The contract must be clear and unambiguous. Vague terms may lead courts to deny specific performance and suggest an alternative remedy. 

• Legal feasibility: The obligation must be lawful and practicable. Courts won't compel actions that violate legal statutes or are impossible to enforce. 

• Inadequacy of monetary damages: When financial compensation is insufficient to cover the non-breaching party's losses or cannot adequately substitute for the original performance promised in the contract. 

• Mutuality of remedy: Specific performance is more likely to be granted if both parties can be equally compelled to perform their duties under the contract, creating fairness and balance in enforcement.  

• Prompt action by the aggrieved party: The party seeking specific performance must quickly assert their rights. Delays in filing suit or seeking the remedy can lead the court to presume acquiescence, making specific performance less likely to be granted.

Texas Laws Governing Specific Performance 

In Texas, specific performance is governed by statutory and case laws. Texas courts apply this remedy cautiously, ensuring the terms of the contract are definite, and the requesting party has acted equitably. Specific performance may be denied if: 

• The requesting party has engaged in any form of misconduct related to the contract. 

• The contract was made under duress, fraud, or undue influence.  

• The terms of the contract are unfair or oppressive. 

• The requesting party has unclean hands, meaning they have engaged in illegal or unethical behavior related to the contract.  

Texas law recognizes specific performance in real estate as a viable remedy due to the unique nature of land and property. For businesses, the enforceability of specific performance depends on the contractual obligations and Texas commercial law. 

Texas courts often prioritize the intent of the parties when determining the applicability of specific performance so that the remedy upholds the original spirit of the agreement. Judges look closely at the fairness and feasibility of enforcement without unduly penalizing the breaching party.  

The Texas Business and Commerce Code provides additional guidance, particularly when specific performance intersects with commercial transactions.  

In Texas, the Uniform Commercial Code (UCC) may influence specific performance cases involving goods, as it allows equitable remedies tailored to unique circumstances.  

Additionally, courts may impose specific performance in cases involving breaches of unique personal services contracts, provided the enforcement does not amount to involuntary servitude. 

Do This If You Seek Specific Performance 

• Consult with an attorney: Discuss your case with a contract law attorney who can provide insight into whether specific performance is the best course of action. 

• Analyze the contract: Ensure the contract specifies clear and specific obligations. Clarify any ambiguities before pursuing legal remedies. 

• File a lawsuit: If necessary, initiate a legal claim in court. The burden of proof lies with the party seeking specific performance to demonstrate the contract's validity and the inadequacy of monetary compensation. 

• Court proceedings: Prepare for court hearings where both parties present their cases. A judge will evaluate the contract and circumstances before delivering a verdict. 

• Enforcement: If granted, the court orders the breaching party to fulfill their contractual obligations. Non-compliance could lead to additional legal consequences. 

1. Gather evidence: Compile all relevant documentation and evidence that supports your claim, including communications, contracts, and any other materials that demonstrate your entitlement to specific performance. This will help substantiate your case in court.