New Jersey Specific Performance Lawyer — How to Enforce Your Contract
When a party breaches a contract for the sale of unique property, monetary damages may be insufficient. A New Jersey specific performance lawyer from Law Offices Of SRIS, P.C. can file a lawsuit to compel the breaching party to fulfill their contractual obligations as promised.
What Is Specific Performance in New Jersey?
Specific performance is a court-ordered equitable remedy that requires a party to a contract to perform exactly what they promised. Unlike a claim for money damages, it seeks to enforce the contract’s actual terms. In New Jersey, this remedy is available when the subject matter of the contract is unique, making monetary compensation inadequate. The legal foundation is found in New Jersey court decisions applying principles of equity.
Last verified: April 2026 | New Jersey Courts | New Jersey Legislature
Official Legal Resources
For the official rules of civil procedure governing these actions, see the New Jersey Court Rules. The statutory framework for contracts is part of the New Jersey Statutes Annotated (N.J.S.A.).
The Process for Seeking Specific Performance in New Jersey
Successfully obtaining specific performance requires proving your case meets strict legal standards. The process is initiated by filing a complaint in the Superior Court of New Jersey, Chancery Division, in the county where the property is located or where the defendant resides. You must demonstrate the contract is valid, you have performed your own obligations, and monetary damages are an inadequate remedy.
- File a Verified Complaint: Your New Jersey specific performance lawyer will draft and file a complaint in the appropriate Chancery Division, detailing the contract and the breach.
- Request a Lis Pendens: For real estate contracts, your attorney will file a notice of lis pendens (pending lawsuit) with the county clerk to cloud the property’s title and prevent its sale to a third party.
- Engage in Discovery: Both parties exchange evidence through interrogatories, document requests, and depositions to build their cases.
- Attend Case Management Conferences: The court will schedule conferences to manage the timeline and explore settlement possibilities.
- Proceed to Trial or Hearing: If no settlement is reached, a judge (not a jury) will hear arguments and evidence to decide whether to grant the equitable remedy.
- Enforce the Judgment: If the court orders specific performance, it will set a deadline for compliance. Failure to comply can result in contempt of court sanctions.
When Is Specific Performance Available?
In New Jersey, specific performance is typically available for contracts involving real estate or unique goods, where monetary damages cannot make the injured party whole.
Our firm’s commercial lawyers understand that not every breach warrants this remedy. A business attorney from our team will evaluate if your case meets the necessary criteria:
- Valid and Enforceable Contract: A legally binding agreement must exist.
- Adequate Consideration: The exchange of value in the contract must be fair.
- Plaintiff’s Performance or Readiness: You must have fulfilled your own contractual duties or be ready to do so.
- Inadequacy of Damages: Money cannot adequately compensate for the breach (e.g., the property is unique).
- Feasibility of Enforcement: The court must be able to supervise the performance.
- No Defenses: The defendant cannot successfully raise defenses like laches (unreasonable delay), fraud, or mistake.
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in Contract Enforcement
Law Offices Of SRIS, P.C. was founded in 1997. Our firm’s collective experience in civil litigation provides a strong foundation for handling complex contract disputes. We approach each case with a strategic focus on achieving the client’s defined objective, whether through negotiation, mediation, or litigation.
Seeking a Specific Performance Remedy
If you need to enforce a contract for land, a unique asset, or a business agreement, securing experienced business legal help is critical. Our team has represented clients in specific performance actions. We analyze the contract, the nature of the breach, and the available remedies to advise on the strongest legal path forward.
Results may vary. Prior results do not aim for a similar outcome.
Local Service for New Jersey Clients
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations.
We provide commercial lawyer services to clients throughout New Jersey. If you are dealing with a breached contract for unique property or services, contact us to discuss enforcing your rights through a specific performance action.
Frequently Asked Questions
What types of contracts can be enforced by specific performance in New Jersey?
Yes, but primarily for real estate contracts and contracts for unique, one-of-a-kind goods. New Jersey courts rarely order specific performance for contracts involving ordinary, replaceable items or personal services because money damages are considered adequate for those breaches.
How long do I have to file a specific performance lawsuit in New Jersey?
It depends on the underlying claim. For contracts involving the sale of real estate, the statute of limitations is typically six years from the date of the breach. A corporate lawyer can analyze your specific contract and the nature of the breach to determine the exact deadline, as delays can bar your claim.
Can I get monetary damages also to specific performance?
Yes. A court may award incidental damages along with an order for specific performance. These can cover costs incurred due to the delay, such as additional storage fees, lost rental income, or increased financing costs. Your attorney will seek all compensable losses related to the breach.
What if the other party sells the property to someone else?
This is a critical reason to act quickly and have a New Jersey specific performance lawyer file a lis pendens. If a bona fide purchaser buys the property without notice of your lawsuit, it becomes much more difficult to obtain the property itself. Your remedy may then shift to a claim for damages against the original seller.
Is specific performance guaranteed if the contract is breached?
No. It is a discretionary equitable remedy. The judge must be convinced that it is fair and that you have met all legal requirements. Defenses like your own unclean hands, undue delay (laches), or the impossibility of performance can prevent the court from granting it.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.