Specific Performance: What to Do When a Seller Won't Complete a Sale

When a seller who has already received payment (in full or in part) refuses to complete a property transfer, the instinct is often to demand a refund. In many cases, specific performance — compelling the seller to actually complete the sale — is the stronger and more valuable remedy, particularly where the property itself, not just the money, matters to the buyer.

What a specific performance suit needs to show

• A valid, enforceable agreement to sell
• That the buyer has performed, or was ready and willing to perform, their obligations under it
• That damages alone would not be an adequate remedy

Interim relief is critical here

While the suit is pending, an injunction restraining the seller from transferring the property to anyone else is often essential — without it, a seller motivated to avoid the sale can simply transfer to a third party and complicate the case considerably.

What if the seller already sold to someone else?

If a third party purchased with knowledge of the earlier agreement, that subsequent sale can potentially be challenged too. A buyer who purchased in good faith without notice is in a stronger position, which is exactly why urgency and interim relief matter so much in these cases.

Limitation

Suits for specific performance are subject to a limitation period running from the date fixed for performance, so delay in filing can itself defeat an otherwise strong claim.

This article is general information about Pakistani law and procedure, not legal advice for any specific matter. If this touches on something you're currently facing, get in touch and we'll advise on your facts directly.