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Specific performance: when a court will order the sale to complete

Adv. Shiwang MishraAdv. Shiwang Mishra3 Jun 2026 7 min read

When a seller walks away from a concluded agreement, damages are sometimes an adequate answer. Where the property itself is the point — a specific plot, a particular flat — the buyer usually wants the sale completed, not compensated.

What the court looks for

  • A concluded, enforceable agreement with the essential terms settled.
  • Readiness and willingness on the buyer's part, continuously, from agreement to suit.
  • A suit filed within the limitation period, which runs from the date fixed for performance or from refusal.

Readiness and willingness is the whole case

This is where most claims fail. It is not enough to say you were willing; the record must show it — funds arranged, notices sent, the balance tendered or offered. Silence for two years is read as acquiescence, not patience.

Build the paper trail while you still hope the deal will close, not after it collapses.

Where the property has since been sold to a third party, the buyer's protection turns on notice — another reason to register the agreement and act early.

This article is general information, not legal advice. For guidance on your specific situation, book a consultation.
Adv. Shiwang Mishra

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Adv. Shiwang Mishra

Partner — Litigation

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