When parties sign a contract, the expectation is simple: both sides will live up to their promises. But what happens when one side refuses to perform? In Tennessee, one possible remedy is specific performance, a court-ordered requirement that a party follow through with the exact terms of the agreement.
What Is Specific Performance?
Specific performance is an equitable remedy instead of awarding money damages, the court orders a party to do exactly what they agreed to in the contract. This remedy is most often used when money alone cannot make the other party whole.
For example, if a seller backs out of a contract to sell a piece of real estate, the buyer may ask the court to force the seller to complete the sale, because land is considered unique and money damages may not be enough.
When Is Specific Performance Available?
Tennessee courts don’t grant specific performance in every breach of contract case. To succeed, a party must generally show:
- A valid, enforceable contract exists.
- The party seeking relief has performed their obligations or is ready to perform.
- Money damages are inadequate to fix the harm.
- The terms of the contract are clear and definite.
Contracts involving unique goods, property, or services are more likely to qualify. Real estate is the most common example, but courts may also consider specific performance in cases involving rare or one-of-a-kind personal property.
When Specific Performance Is Not Granted
Courts may deny specific performance if:
- The contract is too vague or uncertain.
- Enforcement would create an undue hardship.
- The party seeking relief has unclean hands (they also breached or acted unfairly).
- The contract involves personal services (for example, you can’t force someone to work against their will).
In these cases, monetary damages may be the only remedy available.
Why Legal Representation Matters
Specific performance cases require a careful balance of contract law and equitable principles. They often involve high-value property, family disputes, or business agreements where the stakes are significant. Having an attorney ensures the contract is properly presented, defenses are addressed, and the court understands why money damages are not enough.
How Champagne Law Firm Can Help
At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we represent clients across East and Middle Tennessee in breach of contract disputes, including those involving requests for specific performance. Whether you are seeking to enforce a real estate contract, protect your business agreement, or defend against an unfair claim, we can guide you through the process and fight for your interests.
Taking the Next Step
If you are involved in a contract dispute and believe specific performance may apply, don’t wait. Acting quickly is key to protecting your rights.
Call Champagne Law Firm at 865-228-8080 or contact us online to schedule a consultation about contract disputes and specific performance in Tennessee.
