Posted on August 6, 2025
In Texas contract law, the concept of specific performance often confuses clients and legal practitioners alike. Is it a legal cause of action you can plead in a lawsuit—or simply a type of remedy the court can award after proving a valid breach of contract? Let’s break down how Texas courts treat specific performance.
What is Specific Performance?
Specific performance is an equitable remedy. Rather than awarding monetary damages, the court orders the breaching party to carry out the exact terms of the contract. It’s commonly used in cases involving real estate or unique assets—situations where money alone won’t fully compensate the injured party.
Specific Performance is a Remedy—Not a Standalone Claim
Under Texas law, specific performance is not a standalone cause of action. You cannot sue someone merely for “specific performance.” Instead, you must bring a traditional claim for breach of contract and then request specific performance as the remedy for that breach.
Courts across Texas—including the Supreme Court of Texas—have consistently held that specific performance is a remedy that flows from a successful contract claim. You must prove the existence of a valid and enforceable contract, the plaintiff’s performance or tender of performance, the defendant’s breach, and resulting harm.
When Will a Texas Court Grant Specific Performance?
To win specific performance, the plaintiff must also show:
- Monetary damages are inadequate – The asset must be unique or hard to value.
- The contract terms are clear and certain – Courts won’t enforce vague or incomplete agreements.
- The plaintiff acted equitably – You must come to court with “clean hands.”
Specific performance is often awarded in real estate transactions because every parcel of land is considered legally unique. If a seller refuses to follow through on a signed sales agreement, the buyer can request the court to force the sale rather than simply awarding damages.
Examples Where Specific Performance May Be Granted
- Enforcing the sale of a home where the seller backed out after a signed contract
- Compelling performance on a commercial real estate deal
- Requiring transfer of rare or unique property outlined in a contract
What Happens if the Defendant Refuses to Comply?
If a court grants specific performance and the defendant still refuses to comply, the court can enforce the judgment through contempt proceedings or even appoint a special officer to execute the contract terms on behalf of the breaching party.
How to Properly Plead for Specific Performance
In your lawsuit, you should always plead breach of contract as the cause of action and then request specific performance as one of the remedies. You can include a request for both monetary damages and equitable relief, but the court will only award specific performance if legal remedies are inadequate.
Let Guerra Days Law Group Help Enforce Your Contracts
Our firm regularly represents clients in real estate and business disputes involving contract breaches. If you believe you’re entitled to specific performance, we’ll evaluate your case, gather evidence, and request the proper relief. Knowing how to frame your pleadings is essential to getting the result you need.
Need help enforcing a breached contract? Reach out to Guerra Days Law Group to explore whether specific performance is the right strategy for your situation.
