A buyer and seller are in a firm contract for a property priced at $650,000. However, the seller is now refusing to complete the sale because the market value of comparable properties has increased substantially, and they believe their property is now worth $700,000. The buyer still wishes to purchase the property. If the buyer pursues a claim for specific performance, who would typically bear the burden of proving that specific performance is the appropriate remedy?

Question: A buyer and seller are in a firm contract for a property priced at $650,000. However, the seller is now refusing to complete the sale because the market value of comparable properties has increased substantially, and they believe their property is now worth $700,000. The buyer still wishes to purchase the property. If the buyer pursues a claim for specific performance, who would typically bear the burden of proving that specific performance is the appropriate remedy?

Answer options:

• The seller, demonstrating why they cannot complete the sale. ✅ The buyer, demonstrating that monetary damages would be inadequate.
• The court, which will independently assess the market conditions.
• Both parties equally share the burden of proof in equity cases.

Correct answer: The buyer, demonstrating that monetary damages would be inadequate.

Explanation: The party seeking specific performance (the buyer in this case) bears the burden of proving to the court that monetary damages would be an inadequate remedy, and that compelling the seller to complete the sale is the most just and appropriate outcome. This is typically argued on the grounds of uniqueness of the property.