If you’re careful in your dealings, you always have a contract to state the responsibilities for both parties in any transaction. When the other party fails to live up to that agreement, you can go to court to get justice. But suing for specific performance — trying to get the other party to live up to the contract — requires an expert performance contract lawyer. Call the Albert Maimone & Associates, P.C. law practice in Queens, New York for a free consultation and evaluation.
What Does Specific Performance Mean?
Specific performance is an equitable remedy outcome in contract law. In a breach of contract lawsuit, the court may order a defendant to honor the terms of an existing agreement. The equitable legal relief resolves breaches of contract in such cases as real estate transactions and business disputes if one party feels the other didn’t meet the agreed-upon terms. The court orders the breaching party to fulfill its obligations under the terms of the contract.
In most breach of contract litigation, the non-breaching party sues for monetary damage. In some contractual situations, though, the plaintiff may request the court to order specific performance of the contract. The requirements for such lawsuits are stringent, so you require the best lawyer to sue for specific performance.
To file an action for specific performance, hire a qualified Queens, New York attorney from the Albert Maimone & Associates law practice. The boutique law firm specializes in all areas of real estate and business law. They serve all five boroughs of New York City — Queens, Brooklyn, the Bronx, Manhattan and Staten Island — as well as Nassau and Suffolk counties.
When Can Specific Performance of Contract Apply?
Action for specific performance of a contract is one of the legal remedies in the State of New York if someone allegedly failed to meet a contractual obligation. For a court to grant specific performance of contract, the non-breaching party must prove:
- Contract existence. You must have a valid and enforceable underlying contract with the other party.
- Lack of alternative remedies. You have to prove that any remedy under the law, including monetary damages, isn’t sufficient.
- Breach of contract. The court requires you to prove that the breaching party can perform as per the contract, but has failed to do so.
- Non-breaching party’s ability. For a specific performance lawsuit to succeed, you’ve got to prove that you’ve performed or can perform your obligations under the contract.
Your lawyer at Queens law office of Albert Maimone & Associates has experience in civil litigation matters that touch on real estate issues. This law office offers free consultations and case evaluations for specific performance of contract, other real estate litigation and contract drafting and review.
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When Can a Court Decline to Grant Specific Performance?
Before you file a lawsuit requesting the court to grant an order for specific performance, consider first the exceptional circumstances in which the legal remedy doesn’t apply. Some factors that may cause the court to decline granting specific orders include:
- When the court finds the contract to be too vague to be enforced
- If the contract is void or unenforceable
- If such an order causes severe hardship to the breaching party
- If the non-breaching party comes to court with other issues pending against it
- If the contract consists of a personal service
- If the contract was unfair or oppressive to the breaching party
- If other common legal remedies are readily available
- For contracts that any party could terminate at will without notice
- If the parties aren’t bound by obligations — in other words, there was no mutuality
- If damage suffered by the non-breaching party is easily substitutable through monetary compensation
- In situations where the performance of the contractual obligations is impossible
The highly rated lawyers at the Queens-based law office have an in-depth knowledge of New York law. Using a client-centered approach, these lawyers offer dependable advice and skilled representation in every case. After your free consultation, your lawyer reviews your legal matter within 48 hours. The law office represents both individuals and businesses in New York City.
How Does an Action for Specific Performance Work?
Every jurisdiction has specific procedures for civil litigation. In New York, the steps of an action for specific performance lawsuit include:
- Breach of contract. In contractual agreements, all parties have specific obligations to meet. If a non-breaching party feels aggrieved, they can request the court to enforce the specific performance clause written into the contract. If your contract doesn’t have the clause, your lawyer assists you to file a specific performance contract lawsuit.
- Court process. The burden of proof is on the plaintiff, and the process requires a lot of research and documentation. Your lawyer represents you in proving to the court that specific performance is the only way for you to get justice.
- Court order. After reviewing the contract and all evidence, the court may grant specific performance, meaning the breaching party has to perform its contractual obligation.
In Which Contract Situations Can Specific Performance Apply?
In New York State, specific performance contract lawsuits apply in certain situations. Your lawyer may suggest a lawsuit to enforce specific performance for contracts that include:
- Real estate transactions. In a real estate contract for the sale of property, the court may order specific performance. Disputes arise if the seller violates the contract by backing out of the sale. Your lawyer may argue that a monetary remedy is insufficient and the court may grant specific performance of the contract and order the seller to sell you the property.
- Sales of personal property. Personal property, such as custom-made items or art objects, are valuable and one-of-a-kind. After signing a contract with a seller for the purchase of such personal property, you expect to acquire them. You may file a case for specific performance if the seller backs out and tries appeasing you with other items or money. The court may grant specific performance and order the seller to meet the terms of the contract.
- Stock sales. A court may grant specific performance in New York in a contract involving the sale or transfer of stock of a corporation whose stock isn’t available for sale to the public. A lawsuit for specific performance of the contract is the best way to get your stock purchase, as monetary compensation may not be sufficient.
With an experienced attorney from Albert Maimone & Associates, you enjoy peace of mind throughout the complex breach of contract lawsuit. The lawyers at the firm also handle other lawsuits, including neighbor disputes landlord/tenant disputes and property damage. Contact the best litigation lawyers in Queens, New York
Albert Maimone & Associates P.C.127-16 14th Avenue
College Point, Queens, NY 11356 (718) 357-1216