| name | specific-performance-complaint |
| title | Complaint for Specific Performance |
| description | Drafts a Complaint for Specific Performance compelling contractual fulfillment through equitable relief. Use when filing suit for specific performance, real estate breach, unique property disputes, or equitable remedy pleadings. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/specific-performance-complaint |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | real-estate |
| language | en |
| tags | ["drafting","litigation","pleading"] |
Complaint for Specific Performance
Drafts a complaint seeking equitable relief to compel contractual performance, primarily in real estate and unique-property disputes. Plaintiff's perspective; U.S. state courts.
Prerequisites
- Executed contract — terms, signatures, exhibits
- Party information — legal names, addresses, entity types, capacities
- Performance history — evidence of plaintiff's performance or tender
- Breach details — what defendant failed to do, when, how
- Inadequacy of damages — facts showing money cannot make plaintiff whole
- Jurisdictional basis — court, statutory authority, venue facts
Quick Start
- Gather contract, party details, and breach evidence
- Confirm subject matter is unique or damages are inadequate
- Draft sections in order below
- Verify local court formatting rules before finalizing
Drafting Workflow
1. Caption
- Court: full name with proper designation
- Parties: full legal names, plaintiff(s) v. defendant(s), with capacities
- Case number: space for clerk assignment
- Title: "COMPLAINT FOR SPECIFIC PERFORMANCE"
- Format per local rules (font, margins, spacing)
2. Jurisdiction and Venue
- Subject matter jurisdiction — cite statutory/constitutional basis
- Personal jurisdiction over defendant
- Venue — cite statute; base on defendant's residence, place of performance, or property location
- Include all statutory section numbers
3. Parties
For each party allege: full legal name, address (current for plaintiff, last known for defendant), role in transaction, entity type with state of formation and principal place of business if applicable, representative capacity if applicable.
4. Factual Allegations
Numbered paragraphs, chronological order:
- Contract formation — date, location, parties, consideration
- Material terms — provisions defendant must perform; quote key language verbatim
- Plaintiff's performance — actions taken or tendered; readiness to perform remaining obligations
- Defendant's breach — specific acts/omissions, dates due, manner of failure
- Inadequacy of damages — uniqueness of subject matter (real property is presumptively unique), inability to obtain substitute, no adequate remedy at law
