Who may NOT request specific performance when damages are inadequate?

Specific performance is a legal remedy often sought in real estate transactions when monetary damages are believed to be insufficient to remedy a breach of contract. This remedy forces the breaching party to fulfill their contractual obligations.

Brokers, while they play a crucial role in facilitating real estate transactions, do not have a direct legal interest in the property itself in the same manner as buyers or sellers. Their role is primarily to assist in the transaction between the buyer and seller, earning a commission for their services. They do not hold ownership rights or financial stakes that would allow them to claim specific performance related to the property transaction.

In contrast, both buyers and sellers of the property have a vested interest in the property itself and can argue that monetary damages would not adequately compensate them for the unique value of the property involved. A buyer may seek specific performance to acquire a unique piece of property they contracted to purchase, while a seller may demand it if the buyer fails to complete the sale according to the terms agreed upon.

A mortgage lender may also request specific performance, especially if they have financial ties to the transaction contingent upon the performance of the sale. For instance, if a sale's completion is vital to maintain the lender's interests, they may have standing to seek specific