Specific Performance Clause May Not Be Enforced In Sale-Leasebacks

Specific performance is an important remedy in real estate transactions, however, it is disfavored by the courts and under certain circumstances (particularly in the case of sale-leasebacks), a specific performance clause, even if properly drafted, may not be enforced by the courts.

10 minute read November 01, 2022 at 12:05 AM
By
Peter E. Fisch and Salvatore Gogliormella
Specific Performance Clause May Not Be Enforced In Sale-Leasebacks

Specific performance is an important remedy in real estate transactions, and is typically specified when drafting agreements for the purchase and sale of real estate; in the event that the seller breaches its obligation to sell the property, the buyer can seek court intervention compelling the seller to follow through with the sale.

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