Both litigators and transactional lawyers know the basic drill: specific performance is available for breach of a contract whose subject matter is so unique that money damages will not adequately compensate the non-breaching party.  All are also familiar with the axiom, well-established in New York law, that real estate is a unique asset.  But it does not necessarily follow that specific performance is generally available for breach of an agreement that involves real estate.

This article—the second in a four-part series on remedies in real estate transactions—will discuss why, and will suggest some ways parties can achieve more certainty in this regard.

A Brief Primer