If you signed a purchase agreement for a property in Tennessee and the seller refuses to close, you might wonder if you can force them to complete the sale. In Tennessee, you may be able to compel a seller to finalize a real estate transaction through an equitable remedy called specific performance. However, whether a court will order a seller to close depends on a few important factors.
When Tennessee courts may order a seller to close
You may pursue specific performance if you have a valid contract, requesting the court to order the seller to close the deal. Because courts view real estate as unique, money usually does not replace the property you planned to buy. To pursue this remedy, you generally must show that you were ready, willing and able to perform all of your obligations under the contract at the time the seller refused to close. If the seller backs out simply to take a higher offer, a court may order specific performance.
When a court is unlikely to order specific performance
If a seller discovers that they do not hold clear title to the property, a court will likely decline to order specific performance. A court may also decline specific performance if you missed a key contract condition – such as obtaining financing – or if you engaged in misrepresentation or other inequitable conduct.
What to do if a seller refuses to close in Tennessee
In real estate litigation, specific performance is a discretionary remedy, meaning courts do not automatically compel a seller to close just because a contract exists. Whether you can force the sale depends on your agreement, your ability to perform your obligations and whether the seller has a valid legal defense. If a seller refuses to close on your property, a real estate attorney can help you understand your contract rights, gather key evidence and protect your investment in court.