Complaint for Specific Performance

Complaint for Specific Performance

Drafts a complaint seeking equitable relief to compel contractual performance, primarily in real estate and unique-property disputes. Plaintiff's perspective; U.S. state courts.

Prerequisites

1. Executed contract — terms, signatures, exhibits
2. Party information — legal names, addresses, entity types, capacities
3. Performance history — evidence of plaintiff's performance or tender
4. Breach details — what defendant failed to do, when, how
5. Inadequacy of damages — facts showing money cannot make plaintiff whole
6. Jurisdictional basis — court, statutory authority, venue facts

Quick Start

1. Gather contract, party details, and breach evidence
2. Confirm subject matter is unique or damages are inadequate
3. Draft sections in order below
4. Verify local court formatting rules before finalizing

Drafting Workflow

1. Caption

• Court: full name with proper designation
• Parties: full legal names, plaintiff(s) v. defendant(s), with capacities
• Case number: space for clerk assignment
• Title: "COMPLAINT FOR SPECIFIC PERFORMANCE"
• Format per local rules (font, margins, spacing)

2. Jurisdiction and Venue

• Subject matter jurisdiction — cite statutory/constitutional basis
• Personal jurisdiction over defendant
• Venue — cite statute; base on defendant's residence, place of performance, or property location
• Include all statutory section numbers

3. Parties

For each party allege: full legal name, address (current for plaintiff, last known for defendant), role in transaction, entity type with state of formation and principal place of business if applicable, representative capacity if applicable.

4. Factual Allegations

Numbered paragraphs, chronological order:

1. Contract formation — date, location, parties, consideration
2. Material terms — provisions defendant must perform; quote key language verbatim
3. Plaintiff's performance — actions taken or tendered; readiness to perform remaining obligations
4. Defendant's breach — specific acts/omissions, dates due, manner of failure
5. Inadequacy of damages — uniqueness of subject matter (real property is presumptively unique), inability to obtain substitute, no adequate remedy at law
6. Resulting harm — delay damages, lost opportunity, ongoing injury

5. Cause of Action

Plead each element as a separate numbered paragraph.

Breach of contract:

1. Valid, enforceable contract exists
2. Plaintiff performed or has excuse for non-performance
3. Defendant materially breached
4. Damages/harm resulted

Specific performance: 5. Subject matter is unique OR monetary damages are inadequate 6. Contract terms are sufficiently definite and certain 7. No adequate remedy at law 8. Enforcement would not cause undue hardship or violate public policy

Cite applicable state statutes and/or common law.

6. Prayer for Relief

Request in order:

1. Specific performance — order compelling performance, described with enforcement-level specificity
2. Compensatory damages — for delay and ancillary breaches
3. Pre- and post-judgment interest — per applicable statute
4. Costs of suit — filing fees, service costs
5. Attorney's fees — if contract or statute provides fee-shifting
6. Alternative relief — rescission/restitution or damages if specific performance denied
7. Catch-all — "such other and further relief as the Court deems just and proper"

7. Verification and Signature

Include verification block (penalty of perjury declaration with plaintiff name, date, location) and attorney signature block (name, bar number, firm, address, contact). Adapt to jurisdiction — some require notarization, others accept unsworn declaration.

Pitfalls and Checks

• Uniqueness presumption: Real property is presumptively unique — allege this explicitly
• 12(b)(6) survival: Every factual allegation must be specific, not conclusory
• Quote the contract: Incorporate key provisions verbatim
• Number all paragraphs: Factual allegations and cause of action paragraphs individually numbered
• Local rules: Verify caption format, page limits, cover sheets, filing requirements
• No fabricated citations: If unsure of a statute number, flag with [VERIFY]