What is Specific Performance in BC Contract Law?
When a contract is breached, most people think of suing for money. But in some cases—especially in real estate—what you really want is for the other party to follow through. That’s where specific performance comes in.
What Is Specific Performance?
Specific performance is a legal remedy that requires a party to fulfill their obligations under a contract, rather than simply paying damages. It’s most commonly used in real estate transactions, where each property is considered unique.
When Is It Available?
Courts in British Columbia may grant specific performance when:
- The contract is valid and enforceable
- Monetary damages aren’t adequate (e.g., the property is one-of-a-kind)
- The party seeking performance has acted fairly and promptly
When It Might Not Apply
Specific performance is not automatic. Courts may refuse it if:
- The contract is vague or uncertain
- The party seeking it has delayed or acted unfairly
- The remedy would cause undue hardship to the other party
How Queenstone Law Can Help
If a deal falls through—especially in real estate—we can help you assess whether specific performance is a viable remedy. We’ll guide you through negotiation, litigation, or settlement with clarity and strategy.
Learn more about Real Estate Litigation and Contract Disputes
NOT LEGAL ADVICE. Information made available on the Queenstone Law website in any form is for information purposes only. It is not legal advice. You should not rely on, or take or fail to take any action, based upon this information. We would be pleased to discuss any specific legal concerns you may have.
Although we attempt to keep the information on our site accurate and up-to-date, due to the ever changing nature of the law, as well as, the speed at which new cases are released, we cannot guarantee that the content is fully up to date or remains completely accurate.