Specific Performance
A court order requiring someone to fulfill their obligations under a contract, rather than just paying money damages.
When someone breaks a contract, the most common fix is to pay money to make up for the loss. But sometimes money is not enough. When that happens, a court can order the person to actually do what they promised in the contract. This type of court order is called specific performance.
Specific performance is what lawyers call an “equitable remedy.” That means the court uses its power to make things fair, rather than just handing out a dollar amount. Courts do not grant specific performance in every case. They only use it when the thing promised in the contract is so unique that no amount of money could replace it.
The most common use of specific performance in Minnesota is in real estate deals. Every piece of land and every building is one of a kind. If a seller agrees to sell you a house and then backs out, money alone may not fix the problem because you cannot buy that exact house from anyone else. A court can order the seller to go through with the sale.
Why it matters: If you are involved in a contract dispute over something unique, like a piece of property, you may have the right to ask the court to force the other side to follow through on the deal. Knowing this option exists can change how you approach a dispute.
Example: You sign a contract to buy a commercial building in Minneapolis for your business. The seller changes their mind and refuses to close. You could sue for money damages, but no other building in the area meets your needs. You ask the court for specific performance, and the judge orders the seller to complete the sale as agreed.
Contract disputes, especially involving real estate or unique items