Sometimes that does not happen. A seller may decide not to sell. A buyer may refuse to close. When a signed agreement falls apart, the injured party may want more than money.
Because every property is unique, New York courts may allow a legal remedy known as specific performance. Instead of awarding damages, a court may order a party to follow through with the deal.
In some New York real estate deals, that remedy can be more valuable than financial compensation.
Welcome to Aronow Law
Welcome to Aronow Law, P.C., a New York-based law firm focused on bankruptcy, debt defense, foreclosure protection, and consumer rights. We help individuals and families understand their legal options when financial pressure starts to threaten their stability.
Our approach is grounded in strategy, not shortcuts. Real estate disputes are evaluated under New York law with attention to contract rights, financial consequences, and long-term property interests.
The Legal Issue Explained
Specific performance lawsuits ask a court to require a party to complete a transaction according to a signed real estate contract.
Specific performance is an equitable remedy. It is different from a lawsuit seeking monetary damages.
Instead of asking for money, the person filing the lawsuit wants the court to enforce the agreement.
A party seeking specific performance generally must show the following:
- A valid contract exists
- The party complied with the contract
- The other side failed to perform
- Money alone would not solve the problem
Real estate is often treated differently from other types of contracts because each property is unique.
How This Affects You in Real Life
A failed real estate transaction can create serious problems.
Buyers and sellers may face:
- Delayed closings
- Financing problems
- Additional expenses
- Ownership disputes
In many cases, the buyer does not want compensation. The buyer wants to complete the purchase of the property.
Likewise, a seller may face legal action if they refuse to honor their contractual obligations after signing a binding agreement.
Options Available Under New York Law
Sue for Specific Performance
A party may sue for specific performance when they want the court to require the other party to complete the transaction.
This remedy is often used when a seller refuses to transfer property after signing a valid contract.
Seek Monetary Damages
In some cases, the court may award monetary damages instead of forcing the transaction to occur.
Damages may include deposits, expenses, and certain losses caused by the failed transaction.
Negotiate a Resolution
Many disputes settle before trial.
The parties may agree to:
- Extend the closing date
- Modify contract terms
- Resolve title issues
- End the contract by agreement
Settlement can save both time and money.
Key Legal Considerations in New York
Courts do not automatically grant specific performance.
Important issues often include:
- Whether a valid contract exists
- Whether either party satisfied contract conditions
- Whether financing contingencies apply
- Whether title issues exist
- Whether the plaintiff fulfilled their obligations under the contract
- Whether the defendant became the breaching party
The court must determine whether a breach of contract occurred and whether specific performance is the proper remedy.
Common Mistakes People Make
- Assuming a signed contract guarantees a closing
- Missing important deadlines
- Failing to document communications
- Ignoring title or financing issues
- Waiting too long before speaking with a real estate attorney
These mistakes can weaken legal claims and limit available options.
How Aronow Law Handles These Cases
At Aronow Law, real estate litigation matters are reviewed strategically from the beginning.
The analysis focuses on:
- Contract enforceability
- Evidence of breach
- Available remedies
- Settlement opportunities
- Litigation strategy
The goal is to protect contractual rights and position the case for the strongest possible outcome.
Frequently Asked Questions
What are specific performance lawsuits?
They are lawsuits asking a court to require a party to follow through with a contract instead of simply paying damages.
When can I sue for specific performance?
Generally, when a valid contract exists, you have met your obligations, and money alone would not solve the problem.
What happens if someone breaches a real estate contract?
The injured party may seek damages or ask the court to enforce the agreement.
Is specific performance available in every real estate dispute?
No. Courts evaluate the facts of each case before deciding whether the remedy is appropriate.
Should I hire a real estate attorney?
Real estate contract disputes can be complex. An attorney can evaluate your rights and available remedies.
