LEGAL PRINCIPLE: LAND LAW — Specific Performance — Cannot Be Ordered Against Vendor Who Does Not Own Property

Specific performance is an equitable remedy that compels performance of a contract. It cannot be ordered against a vendor who does not own the property. The court will not compel a person to do what is impossible. The vendor cannot convey title they do not have. The co-owners cannot be compelled to convey. The purchaser’s remedy is damages against the vendor for breach of contract. The principle applies the equitable maxim that equity does not act in vain. The court will not grant specific performance where it would be futile. The rule protects vendors from being compelled to perform impossible obligations. The purchaser must verify the vendor’s title before seeking specific performance.