Specific performance is a legal remedy in real estate where a court orders one party to carry out their obligations under a contract — usually the sale or purchase of a property. In other words, if someone backs out of a signed real estate deal, the other party can sue to force them to complete it.
This comes into play when money isn’t enough to resolve the dispute — especially in cases involving unique or one-of-a-kind properties like waterfront homes on Lake Marion. When one party refuses to close, the other may seek specific performance to compel them to go through with it.
In South Carolina, this remedy is most often used by sellers who want to force a buyer to close after all terms have been met. Carolina Properties at Lake Marion help clients understand when this powerful legal option applies — and when it’s better to walk away.
When Specific Performance Applies in Real Estate
Specific performance is not automatic. South Carolina courts will only consider it under certain conditions:
- There is a valid and enforceable contract
- All contingencies (like inspections and financing) have been satisfied or waived
- The property is considered unique (which includes most real estate)
- The party seeking enforcement has fulfilled their obligations
Example: A buyer agrees to purchase a waterfront home, all inspections and appraisals are complete, and financing is secured. The buyer suddenly tries to back out days before closing. The seller may sue for specific performance to force the sale instead of just accepting a broken deal.
This isn’t a fast process — but it can protect sellers from losing valuable time and money on repeat listings and lost opportunities.
What Happens If You’re Sued for Specific Performance?
Being sued for specific performance means the other party is asking the court to force you to perform your part of the contract — not just pay damages.
If the court rules against you:
- You could be ordered to go through with the sale
- You may be barred from selling to another buyer
- You may be responsible for legal fees and additional costs
It’s important to act quickly if you receive a notice of specific performance:
- Consult a real estate attorney immediately
- Review your contract for escape clauses or contingencies
- Work with your agent to assess your legal and financial exposure
Pro Tip: Carolina Properties works closely with trusted South Carolina real estate attorneys to help clients avoid these situations in the first place.
How to Protect Yourself from a Specific Performance Dispute
Whether you’re buying or selling, the best protection against legal trouble is a strong, clear, and fair contract. Here’s how to reduce the risk:
- Be sure before signing — don’t agree to terms you’re not fully committed to
- Use clear contingencies — inspections, financing, title, and timeline protections
- Communicate with your agent about changes or red flags
- Respond in writing to any delays or issues
- Keep documentation of all communications and agreements
If you’re unsure what a clause means — ask your agent or attorney before signing. Carolina Properties helps clients understand the fine print before it becomes a courtroom fight.
Why Lake Marion Sellers and Buyers Should Care
Specific performance might sound like a distant legal concept, but in a tight market like Lake Marion, it can become very real.
Imagine this:
- A cash buyer outbids multiple offers on your home
- You take it off the market, cancel other showings
- They back out at the last minute with no valid reason
Now you’ve lost momentum, delayed your move, and wasted time. That’s where specific performance could help you recover control.
Carolina Properties understands the local market, the contract landscape, and how to protect you from unnecessary fallout. Whether you’re drafting a contract or defending one, they help you stay one step ahead.
FAQ: Specific Performance in Real Estate
Q: Can I really be forced to sell my house?
Yes, if you’ve signed a valid contract and the buyer has met all conditions.
Q: Can I sue a buyer for backing out?
Yes — you may be able to sue for specific performance or damages.
Q: Is specific performance common?
It’s rare, but it does happen — especially with unique or high-value properties.
Q: How long does a specific performance lawsuit take?
It varies, but expect several months of legal process.
Q: Can specific performance apply in FSBO (For Sale By Owner) deals?
Yes, any legally binding real estate contract can qualify.
Protect Yourself From Contract Disputes With Carolina Properties
When thousands — or even hundreds of thousands — are on the line, the details of your real estate contract matter.
That’s why buyers and sellers around Lake Marion turn to Carolina Properties, where our team offer:
- Expert contract review and negotiation
- Pre-listing strategy to minimize risk
- Guidance on contingencies and timing
- Referrals to experienced real estate attorneys when needed
Call Carolina Properties Today to buy or sell with confidence and legal protection.