Can this contract be signed electronically?

Yes. Electronic signatures satisfy ESIGN (15 U.S.C. ch. 96) and UETA where adopted if intent, consent, attribution, and record retention are met; exceptions such as certain court orders or wills still apply.

Is notarization required to enforce specific performance?

Not usually for the contract itself, but deeds transferring title generally require notarized acknowledgements for recording. Check state conveyancing rules for deed formalities before execution.

What happens if a party refuses to close?

The non-breaching party may seek specific performance in equity if the property is unique and the contract is sufficiently definite; courts examine fairness and adequacy of remedies.

How do I prove a signature was made by a particular signer?

Use authenticated e-sign workflows that capture signer identity, IP, timestamp, and an audit trail; stronger methods include SMS codes, ID verification, or advanced signer authentication.

Are remote online notarizations permitted?

Many states permit Remote Online Notarization (RON) with identity proofing and audio-video recording; verify current state rules before relying on RON for deed acknowledgements.

Should a lawyer review the contract?

Yes. State-specific conveyancing rules and remedy language can materially affect enforceability; counsel can tailor provisions to local law and title requirements.

Electronic Signature
Templates
Sales
Specific Performance Real Estate Sales Contract

Specific Performance Real Estate Sales Contract

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WARRANTY BILL OF SALE

KNOW ALL MEN BY THESE PRESENTS: That of the

County of State of Colorado, hereinafter “Seller”, whether one or more,

for and in consideration of the sum of Dollars ($ ),

lawful money of the United States of America, in hand paid by hereinafter “Purchaser”, whether

one or more, the receipt whereof is hereby acknowledged, do these presents grant, bargain, sell, and deliver unto Purchaser, the following described personal property now located

at in

the City of County of and State of Colorado, to-

wit:

TO HAVE AND TO HOLD the same to the Purchaser, and his/her/their heirs, executors, administrators and assigns forever. And Seller, for his/her/their heirs, executors, administrators, covenant and agree(s) to and with the Purchaser, his/her/their executors, administrators and assigns, that Seller, is/are owner of the said property, goods and chattels and has/have good right and full authority to sell the same, and that Seller will warrant and defend the sale hereby made unto the Purchaser, his/her/their executors, administrators and assigns, against all and every person or persons, whomsoever, lawfully claiming or to claim the same.

IN WITNESS WHEREOF, the Seller has hereunto set his/her/their hand and seal this day

of , 20

Seller(s)

Acknowledgment for Individual

State of Colorado

County of

The foregoing instrument was acknowledged before me this (date) by (name of person acknowledged).

Notary Public

Print Name:

My commission expires:

What the Specific Performance Real Estate Sales Contract Is

A Specific Performance Real Estate Sales Contract is a written agreement that obligates a seller to convey specified real property and a buyer to perform agreed payment and closing obligations, with specific performance as an available remedy if a party refuses to close. Unlike a standard purchase contract that focuses on monetary damages, this contract emphasizes enforceability by court order to compel transfer of title. It sets the property description, purchase price, deposit, closing date, conditions precedent, and dispute resolution terms to support a remedy of specific performance if necessary.

Why This Contract Matters for Real Property Deals

Use this contract when the buyer seeks assurance that a court can compel conveyance rather than accept money damages. It clarifies obligations, preserves equitable remedies, and documents steps that courts consider when awarding specific performance under state law.

Who Typically Uses a Specific Performance Real Estate Sales Contract

Use professional legal review to confirm state law differences and to ensure remedies language is enforceable in the chosen governing jurisdiction.

Buyers of unique property seeking enforceable transfer rather than mere damages
Sellers contractually agreeing to convey title under defined conditions
Real estate counsel drafting enforceable equitable relief provisions

Essential Clauses to Include for Enforceability

A professional Specific Performance Real Estate Sales Contract contains clear property identification, unambiguous price and payment terms, deposit and escrow rules, closing and delivery mechanics, contingency handling, and explicit remedies language to support equitable relief.

Property

Precise legal description and address; include parcel or lot numbers to avoid ambiguity that could defeat specific performance.

Price and Payment

Specify total purchase price, deposit amount, payment schedule, and escrow instructions to demonstrate performance is measurable and definite.

Closing Date

State the exact closing date and time, conditions precedent, and extension procedures so courts can adjudicate missed deadlines objectively.

Contingencies

List financing, inspection, title and survey contingencies with cure periods and termination mechanics to reduce later disputes over unmet conditions.

Remedies

Include an explicit specific performance clause and waiver language for jury trial only when legally appropriate under state law.

Dispute Resolution

Define jurisdiction, choice of law, and whether mediation or arbitration precedes litigation; courts weigh these in remedy determinations.

Step-by-Step: Completing the Contract

Follow this sequence to prepare a contract that supports specific performance and minimizes later disputes.

01

Draft: Gather legal description, price, and party details before drafting.
02

Review: Have counsel review contingencies and remedy clauses for state compliance.
03

Sign: Obtain signatures from authorized signers, dated and witnessed or notarized as required.
04

Record: Deliver executed contract and escrow instructions to title or escrow for closing preparations.

How Online Completion and Delivery Typically Works

Digital workflows can speed execution while preserving audit trails; follow these logical steps for an e-signed specific performance contract.

Upload Document: Load a final PDF or DOCX into the platform for field placement.
Place Fields: Add signature, date, and initial fields plus conditional contingencies.
Authenticate: Choose signer authentication: email link, SMS code, or stronger methods when needed.
Complete: Signer reviews and signs; platform captures timestamp and audit trail.

Recommended E-sign Workflow Settings for Enforceability

Configure the signing workflow to capture consent, attribution, and retention elements required under ESIGN and UETA.

Field	Configuration
Authentication Level	Email+SMS code or ID verification for higher-value closings
Order of Signers	Use sequential signing to preserve execution order
Audit Trail	Enable IP, timestamp, and action logging
Retention	Enable archival exportable PDF/A with certificate

Platform and Integration Considerations

Confirm the platform preserves reproduceable records consistent with ESIGN retention and your counsel's requirements for court evidence.

File Formats: PDF and DOCX support for legal records
Integrations: CRM and title system connectors for record linking
Compliance: BAA and 21 CFR options when required

Key Deadlines and Timing to Track in the Contract

Specify clear calendar-driven deadlines and notice periods so courts can assess performance; avoid vague timeframes like reasonable efforts.

Deposit Deadline:

Date when buyer must deliver earnest money to escrow agent

Contingency Period:

Fixed days for inspections and financing conditions with explicit cure periods

Closing Date:

Exact MM/DD/YYYY for title transfer and funds disbursement

Title Objection Deadline:

Deadline for raising title issues and requesting cures

Notice Periods:

Specify how many days for notices and methods of delivery

Notarization and Witness Steps for Execution

Follow state-specific formalities for acknowledgment, notarization, and witness signatures to ensure deed and contract admissibility.

01

Prepare Documents

Assemble signed contract and deed for notarization

02

Signer ID

Provide government ID for notary identity proofing

03

Witnesses

Add witness signatures if state law requires them for deeds

04

Notary Acknowledgement

Notary completes acknowledgement block and signs

05

Record Journal

Notary records the act in the official journal

06

RON Option

Use Remote Online Notarization where permitted by state law

07

Retention

Retain notarized records per jurisdictional rules

08

Delivery

Return executed originals to escrow or title company

Common Preparation Errors to Avoid

Using an incomplete legal description that creates ambiguity and defeats specific performance.
Vague remedy language that fails to state specific performance as a distinct remedy.
Missing or inconsistent signature blocks or titles that raise questions about authority.
Failure to set firm deadlines and cure periods, leading courts to favor damages over specific performance.

Consequences of an Incorrect or Defective Contract

Contract Voidability: Court may refuse specific performance

Monetary Damages: In lieu of conveyance, damages may be awarded

Title Defects: Uncured title issues can block transfer

Delay Costs: Extended closing timelines and carrying costs

Increased Legal Fees: Higher attorney costs for litigation or remedies

Enforceability Risk: Improper formalities reduce court willingness

Real-World Examples of When Specific Performance Was Used

These illustrative cases show practical uses of specific performance clauses in real estate transactions.

Tim Martin — Martin Properties

A buyer sought to compel transfer on a unique mixed-use parcel

Court weighed clear property description
The contract included specific performance language and escrow mechanics, which supported an equitable order requiring conveyance rather than award of damages to the buyer.

Brian Fitzgibbons — Optica Ventures LLC

A small investor purchased a single high-value lot with bespoke improvements

Seller attempted to rescind after price change
A tightly drafted contract and documented cure periods helped the buyer prevail on a petition for specific performance.

Practical Attachments and Exhibits to Include

Common attachments reduce ambiguity and speed title clearance; include these exhibits when available.

Legal Description

Full metes-and-bounds or recorded parcel identification to ensure the property is uniquely and unmistakably described for enforcement.

Title Commitments

Preliminary title reports and required curative items listed as exhibits help demonstrate readiness to close and reduce disputes.

Escrow Instructions

Detailed escrow and disbursement instructions that align with closing mechanics and funding contingencies to prevent settlement delays.

Survey and Plans

Recent survey or site plan to confirm boundaries and improvements; helpful evidence when courts assess what was contracted.

Who Can Legally Sign and Bind the Agreement

Seller — Authorized Signatory

The named seller or an officer/agent with written authority may sign. For entities, attach corporate resolution or power of attorney showing authority to convey real property and bind the seller.

Buyer — Authorized Agent

Buyer or buyer's authorized representative must sign; include proof of authority for entities and trustees. Lack of demonstrable authority may render the agreement unenforceable.

eSignature Vendor Comparison for Executing This Contract

Compare common vendor features relevant to executing and retaining legally binding real estate contracts; signNow is listed first per vendor comparison conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About Specific Performance Contracts

Answers to common questions about execution, enforceability, and digital signing under U.S. law.

Need help? Contact support

Can this contract be signed electronically?
Yes. Electronic signatures satisfy ESIGN (15 U.S.C. ch. 96) and UETA where adopted if intent, consent, attribution, and record retention are met; exceptions such as certain court orders or wills still apply.
Is notarization required to enforce specific performance?
Not usually for the contract itself, but deeds transferring title generally require notarized acknowledgements for recording. Check state conveyancing rules for deed formalities before execution.
What happens if a party refuses to close?
The non-breaching party may seek specific performance in equity if the property is unique and the contract is sufficiently definite; courts examine fairness and adequacy of remedies.
How do I prove a signature was made by a particular signer?
Use authenticated e-sign workflows that capture signer identity, IP, timestamp, and an audit trail; stronger methods include SMS codes, ID verification, or advanced signer authentication.
Are remote online notarizations permitted?
Many states permit Remote Online Notarization (RON) with identity proofing and audio-video recording; verify current state rules before relying on RON for deed acknowledgements.
Should a lawyer review the contract?
Yes. State-specific conveyancing rules and remedy language can materially affect enforceability; counsel can tailor provisions to local law and title requirements.

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