Baldwin & Briscoe P.C.
301-862-4400
22335 Exploration Drive Ste. 2030
Lexington Park, MD 20653
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Specific Performance

 

  Under Maryland law, a party may bring a claim for specific performance where there is a valid and enforceable contract, where the party has tendered performance on the contract and that tender was rejected by another party to the contract, or where the party was ready, willing, and able to perform, and there is no adequate remedy at law.  The most common scenario where specific performance is seen is where an individual places a contract to purchase a parcel of real estate, such as a house, and then the seller refuses to go to closing to complete the sale.

  In order to be entitled to specific performance, a contract must be definite and certain in its terms.  If there is inadequate description of what is being contracted for, the court may find that there is no meeting of the minds and deny a claim for specific performance.  Specific performance may be awarded regardless of how difficult it is for the defendant. 

  The court has the authority to deny a claim for specific performance, even if the plaintiff meets the requirements.  The law provides however, that the court should grant the remedy if the contract is fair, reasonable and certain in its terms.  The court may consider the intent of the parties in deciding whether to allow for specific performance.  Specific performance is usually awarded by the court in cases where money damages would not adequately address the damage done to the plaintiff.

  In determining whether specific performance is warranted, or whether monetary damages will suffice, the court will consider three factors: the difficulty of proving damages with reasonable certainty, the difficulty of procuring a suitable substitute performance by means of money awarded as damages; and the likelihood that an award of damages could not be collected.

  A court may award damages in addition to a decree of specific performance.  These damages are generally incidental to the breach.  These damages would be for any monetary loss that the plaintiff suffers during the pendency of the action.  Generally, attorney’s fees are not awarded in a specific performance action.  If specific performance becomes unavailable for any reason, the court may award monetary damages instead.  Monetary damages would place the plaintiff back in the place that they would have been but for the breach, i.e. the plaintiff gets the benefit of the bargain that was contracted for.

 

  The information contained on this page is provided as general information and does not constitute legal advice.  The experienced attorneys at Baldwin & Briscoe, P.C. can assist you if you are involved in a specific performance dispute or any civil litigation matter.  We’d be happy to sit down with you and review your situation and provide appropriate advice.  Call today for your no-obligation consultation. 

 

 

The Law Offices of Baldwin & Briscoe, P.C. also offers these services:

Bankruptcy and ForeclosureBusiness LawCivil LitigationCriminal DefenseEmployment, Disability, and Consumer RightsFamily LawGovernment Contracts LawIntellectual Property, Personal InjuryReal Estate, Social Security Disability & Workers’ Compensation and Wills, Trusts, & Estates

 

 

Contact Us

The Law Offices of Baldwin, Briscoe & Steinmetz, P.C.

22335 Exploration Drive

Suite 2030

Lexington Park, MD 20653

301-862-4400 Phone

301-862-3009 Fax

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Our Attorneys

Samuel C.P. Baldwin, Jr., Esq.

Janice Briscoe, Esq.

Richard J. Steinmetz Jr., Esq.

David J. Hebb, Esq.

Sandra Kaufman Jonasen, Esq.


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With an office conveniently located in Lexington Park, The Law Offices of Baldwin, Briscoe & Stienmetz, P.C. serves clients in the counties and cities of Lexington Park, Leonardtown, Hollywood, Mechanicsville, Loveville, Helen, Breton Bay, Chaptico, Charlotte Hall, Golden Beach, Avenue, La Plata, Waldorf, Newburg, Port Tobacco, Port Charles, Solomons Island, Prince Frederick, Chesapeake Shores, Hughesville, Benedict, Nanjemoy, Lusby, Port Republic, St. Mary's County, Charles County, Calvert County, Prince George's County, Southern Maryland.


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