Specific Performance of Property Agreements: When Courts Intervene

Courts can enforce property sale agreements through specific performance when one party fails to honor their commitment.

Advocate Harshit Sachar

9/3/20251 min read

Specific performance law: Sachar Law Firm
Specific performance law: Sachar Law Firm

Buying and selling property is one of the most significant transactions in a person’s life. Often, disputes arise when a seller or buyer refuses to honor the terms of a sale agreement. In such cases, the law provides a remedy known as specific performance.

Specific performance is a direction by the court ordering the defaulting party to carry out their obligations under the agreement. For example, if a seller refuses to complete the sale despite receiving advance payment, the buyer can approach the court and seek enforcement of the agreement. Similarly, if a buyer backs out without valid reason, the seller may also seek specific performance.

Courts carefully examine whether the agreement is valid, enforceable, and made in good faith. If satisfied, the court may order the transfer of property as originally agreed. In some cases, if the seller is unavailable or unwilling, the court may even step in to execute the sale deed on behalf of the seller.

This remedy ensures that genuine buyers and sellers are protected against unfair practices. Instead of losing years of investment and rising property value, parties can rely on the court’s intervention to secure justice and complete the transaction as intended.