Specific Performance, Land, Costs

Specific performance is a contract remedy. It is when one party breaches a contract and the plaintiff asks the court to order the breaching party to perform its contractual obligation, rather than awarding money damages. Courts have discretion when it comes to awarding specific performance. Smith v. Najafi, 584 S.W.3d 389, 394 (Mo. Ct. App. 2019).

There are particular rules when specific performance relates to land. “Inevitably[,] a period of time elapses between the date when the land should have been conveyed in fulfillment of the contract and the date of the decree ordering the performance.” Id. So, a court may award costs caused by the delay. This can include costs associated with new title searches and any increase or change in interest rates. Cal-Val Construction Co., Inc. v. Mazur, 636 S.W.2d 391 (Mo. Ct. App. 1982).

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