Introduction.  The term “specific performance” is not, as commonly believed, a form of legal action that may be brought for enforcement of a contract.  Rather, it is a remedy for a breach of contract claim because the underlying agreement has not been performed.

In other words, before reaching the issue of the remedy, a court or arbitrator must first conclude that the contract was breached.  If monetary damages for the breach can be awarded, there is no need to award specific performance.  For example, if a supplier promised to deliver me 25,000 widgets on July 1, but only delivered 20,000, the most appropriate damage would likely be to obtain a judgment against the supplier for my cost obtain another 5,000 widgets elsewhere. Continue reading “Specific Performance in Oregon Residential Real Estate Transactions”