Seeking Specific Performance In Illinois Contract Disputes
As a contract dispute attorney practicing in DuPage County and throughout Illinois, I often meet clients who are frustrated because the other party to a contract simply refuses to do what they promised. Sometimes, monetary damages aren’t enough to fix the situation, especially when the contract involves something unique, like real estate or a one-of-a-kind asset. In those cases, we can ask the court for a remedy known as specific performance.
Specific performance is not granted in every case. It is a remedy based on equity, meaning the court will use its discretion to decide whether it’s fair and appropriate to force the breaching party to fulfill their side of the contract. In Illinois, this kind of remedy is governed by both court precedent and statutory law. If you’re involved in a contract dispute and want the other party to follow through with their original promise, here’s what you need to know.
What Specific Performance Means In Contract Law
Specific performance is a legal remedy where the court orders a party to perform a specific act, usually what was promised in the contract. Unlike money damages, which compensate you for losses, specific performance aims to enforce the original terms of the agreement.
Under Illinois law, specific performance is often used in cases involving real estate because real property is considered unique. For example, if someone agrees to sell you a particular parcel of land and later backs out, the court may order them to go through with the sale. Illinois courts have consistently recognized specific performance as an appropriate remedy in such cases, especially when monetary compensation wouldn’t adequately make you whole.
Legal Standards For Specific Performance In Illinois
To obtain specific performance in Illinois, I must prove a few key elements on your behalf. First, we need a valid, enforceable contract with clear and definite terms. Second, I must show that you performed your part of the agreement or are ready and willing to perform. Third, the other party must have failed or refused to fulfill their obligations. Lastly, the relief must be fair under the circumstances.
Illinois courts apply these standards using equitable principles. This means they’ll consider fairness, good faith, and whether the breaching party has a legitimate reason for not performing. Courts also look at whether the contract was unconscionable or one-sided when it was made.
There is no single statute governing specific performance in Illinois contract law, but claims for specific performance are generally brought under the Illinois Code of Civil Procedure and are subject to the general five-year statute of limitations under 735 ILCS 5/13-205.
When Specific Performance May Be Denied
Even if the contract is valid and one party clearly breached it, the court may still deny specific performance. This could happen if:
- The terms of the contract are too vague
- Performance has become impossible
- The party seeking enforcement has not fulfilled its obligations
- There is evidence of fraud, undue influence, or bad faith
Also, Illinois courts will not enforce personal service contracts (such as employment agreements) with specific performance because forcing someone to work against their will would violate public policy.
Real Estate Contracts And Specific Performance
Real estate cases make up a large portion of specific performance claims in Illinois. If someone tries to back out of a home sale after signing a valid agreement, courts are often willing to enforce that agreement, especially if no other property would serve as a substitute.
To win a specific performance claim involving real estate, I must prove the property was unique, the agreement was definite and fair, and you were ready to proceed with the transaction. I may also seek an injunction to stop the seller from transferring the property to someone else while the case is pending.
Frequently Asked Questions About Specific Performance In Illinois
What Kind Of Contracts Can Be Enforced With Specific Performance?
Specific performance is most commonly granted in contracts involving real estate, unique goods, or irreplaceable services. For example, buying a specific home, a rare collectible, or an asset that cannot be easily replaced with money. Courts usually won’t grant specific performance for routine commercial contracts unless there’s something unique about the subject of the agreement.
Is Specific Performance Better Than Money Damages?
It depends on your goals. If you want the actual subject of the contract (such as a house or specific item), specific performance may be the best remedy. If you’re just trying to recover financial losses, then a monetary award might be more appropriate. Courts consider whether monetary damages would be adequate. If not, they may grant specific performance.
Can A Seller Be Forced To Go Through With A Real Estate Sale?
Yes, in many cases. If there’s a valid contract for the sale of real estate, and the buyer is ready to close, Illinois courts can order the seller to transfer the property as agreed. Real property is considered unique, so monetary damages might not fully compensate the buyer for the loss.
How Long Does A Specific Performance Case Take In Illinois?
Every case is different, but these lawsuits typically take several months or more, depending on the facts, the court’s schedule, and whether the other side contests the claim. In urgent situations, I may request a temporary injunction to prevent the other party from transferring property or taking other actions before the case is resolved.
What Happens If The Court Grants Specific Performance And The Other Party Still Refuses?
If the court orders specific performance and the party still refuses to comply, they can be held in contempt of court. The court has the authority to enforce its order through further legal action, fines, and potentially even jail time for willful noncompliance.
Can I File A Specific Performance Claim Without An Attorney?
Technically, yes—but I strongly recommend against it. These cases are complex, and courts expect legal arguments supported by facts and case law. If you’re seeking to enforce a high-stakes agreement, especially in real estate or a business transaction, having an experienced attorney will increase your chances of success.
Call Keller Law Group, LLC, If You Need To Enforce A Contract With Specific Performance
At Keller Law Group, LLC, I help clients across DuPage County and throughout Illinois resolve contract disputes efficiently and effectively. If you’re dealing with a party that refuses to follow through on a critical agreement, we can explore whether specific performance is the right legal remedy for your situation. Contact our DuPage County breach of contract lawyers at Keller Law Group, LLC, by calling 630-868-3093 to receive your free consultation. Whether you’re in Chicago, Naperville, or anywhere else in Illinois, I’m here to help you protect your rights and enforce your agreements.