This is true even where the want of title is caused by the sellers own action in conveying the property to a third party. Fulton Georgia Complaint for Specific Performance of Real Estate Contract The enforceability of such a clause is a question of law for the court."). In that case, money damages may be inadequate to compensate the purchaser for losing out on the real estate, so specific performance of the contract may be necessary. Specific performance is another possible remedy in this situation. Section 8-1-45 - Imposition of penalty or liquidation of damages not bar to specific performance. Specific Performance Of An Agreement To Sell Of An Immovable Property Ch. Sign up for our free summaries and get the latest delivered directly to you. The lawyers listed in this website practice law only in the jurisdictions where they are admitted. The contract should contain, at a minimum, the following basic terms. (See O.C.G.A. The exception is Hampton Island, LLC v. HAOP, LLC , a case wherein this Court affirmed the trial court's order granting summary judgment to the sellers on their claim for specific performance of a real estate sales contract. First, the money could be considered as partial payment of any actual damages which can be proven as the result of the buyer's breach. Understanding Specific Performance in Your Florida Real Estate Contract However, the trial court's order states that, while the court granted the Sellers motion for summary judgment, the court would consider the "issue[ ] of ancillary damages" on its next available trial calendar. 43-40-29 (b) and (c).) However, most courts are reluctant to grant this remedy. So viewed, the Contract provided that the "Seller[s] shall pay a [six percent] commission at closing to be split between [the Broker] and [the Buyers Broker] ( [three] percent and [three] percent)." The Contract provided that, if the Buyers defaulted, the Sellers could accept the earnest money as "liquidated damages in full settlement of all claims of Seller[s] against Buyer[s,]" but also stated that nothing in the Contract prevented the Sellers from refusing to accept the earnest money as liquidated damages.