To Force a Sale in Court, Buyers Must Be 'Ready, Willing and Able'

"To sustain the right to specific performance of their contract, purchasers must show that they have performed or have offered to perform all of the obligations required of them by the contract," the court found. The court was also disturbed that Clark ceased communicating with the sellers and instead filed the lawsuit.

When a court is faced with determining whether to grant specific performance, it has to make a judgment based on the equities of the two parties. This means the judge has to decide whether, based on the facts, the plaintiff buyer fairly treated the defendant seller. In law school, an expression we learned was that you have to "have clean hands in order to seek equitable relief."

In this case, the trial court and the high court did not think Clark's conduct was sufficient to grant her the equitable relief she was seeking; presumably, the courts concluded that she did not have "clean hands."

The court provided guidance as to the alternatives available to buyers when a seller refuses to comply with the terms and conditions of a real estate sales contract:

· The buyer could refuse to go to settlement and then file a suit against the seller for any damages they might have sustained.

· The buyer could go to settlement and then sue "to recover from the seller such damages as they may have sustained by reason of" the seller's failure to comply with the requirements of the contract.

Courts will grant specific performance in many cases, but you really have to be "ready, willing and able" to complete your end of the bargain.

Benny L. Kass is a Washington lawyer. For a free copy of the booklet "A Guide to Settlement on Your New Home," send a self-addressed, stamped envelope to Benny L. Kass, 1050 17th St. NW, Suite 1100, Washington, D.C. 20036. Readers may also send questions to him at that address or contact him through his Web site,http://www.kmklawyers.com.