A frequent situation: a buyer pays a substantial part of the price under an agreement to sell, and the seller then refuses to complete, often because prices have risen. The remedy is a suit for specific performance under the Specific Relief Act 1877.
What specific performance does
Rather than awarding damages, the court compels the seller to execute the transfer. For property this usually matters more than compensation, because the buyer wants the land rather than the money back.
What the buyer must establish
- A valid and enforceable agreement
- Payment made under it, and the terms agreed for the balance
- Readiness and willingness to perform their side, continuously and not merely at the start
- That the suit is brought within limitation
Readiness and willingness decides most cases
This is where claims most often fail. The buyer must show they were ready and willing to perform throughout, not just at the outset. Having the balance available, and evidencing attempts to complete, is central.
A buyer who sat silent for years while the price rose has a considerably weaker case than one who pressed for completion in writing.
Limitation
Specific performance claims are subject to strict limitation running from the date fixed for performance, or from when the refusal became known. Delay is fatal in a way it is not in some other civil claims.
Protect the property meanwhile
Sellers frequently attempt to sell onwards to a third party while the suit proceeds. An injunction restraining transfer should be sought at the outset, because a subsequent purchaser complicates the matter substantially.
What to do next
Bring the agreement, all payment evidence, every communication about completion, and a chronology of what was said and when.