Specific Performance

Generally speaking, the types of money damages available in a breach of contract case involving a real estate contract are the same which are available in other breach of contract cases. A plaintiff in a breach of real estate contract case, whether a buyer or seller, could potentially obtain:

  • Compensatory damages, including but not limited to:
    • money spent in reliance on the other party’s promise
    • the difference in value of the property or property interest to some other marker such as the value of the property
    • had it been as represented or the value or cost of similar property which had to be purchased
    • diminution in value
    • cost of repair or replacement
    • lost profits
  • Punitive damages
  • Treble damages (if there was an intentional interference with the real estate contract)
  • Attorneys’ fees and expenses if the real estate contract has a clause allowing the same (many do)