§ 9-11-112.Form of complaint for specific performance of contract to convey land
Chapter 11. Civil Practice Act · Article 10. Forms · Last amended 1980 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-112 offers a sample complaint for a buyer seeking specific performance of a contract to convey land, alleging the written agreement, the plaintiff’s tender of the purchase price, and the defendant’s refusal to convey, while requesting specific performance, incidental damages, and an alternative money judgment if the court will not order the conveyance.
IN THE ______________________ COURT OF ______________________ COUNTY
A.B., Plaintiff STATE OF GEORGIA C.D., v. ) ) Defendant ) ) Civil action ) File no.______________________ ) (Clerk will insert number.) ) COMPLAINT The defendant C.D., herein named, is a resident of ______________________ (street), ______________________ (city), ______________________ County, Georgia, and is subject to the jurisdiction of this court.
1.
On or about December 1, 1966, plaintiff and defendant entered into an agreement in writing, a copy of which is hereto annexed as Exhibit A.
2.
In accordance with said agreement, plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance.
3.
Plaintiff now offers to pay the purchase price. Wherefore, plaintiff demands:
(1)That defendant be required specifically to perform said agreement,
(3)That, if specific performance is not granted, plaintiff have judgment against defendant in the sum of $10,000.00.
______________________ ______________________ Attorney for plaintiff Address
Plain-English Summary
Land is unique, and money damages do not always make a disappointed buyer whole when a seller backs out of a deal. This form shows how a buyer asks a court to force the sale through rather than settle for cash alone.
Three numbered paragraphs tell the story in order: the parties entered a written agreement, attached as an exhibit; the plaintiff tendered the purchase price and asked for the conveyance, and the defendant refused both; and the plaintiff renews the offer to pay. The closing demand has three parts — an order requiring the defendant to perform the agreement, damages for the delay, and, if specific performance is not granted, an alternative money judgment.
That third piece is the form’s most useful feature. It lets the plaintiff plead both an equitable remedy and a fallback legal one in a single complaint, so the case does not collapse if specific performance later turns out to be unavailable — the land sold to someone else in the meantime, for instance.
No separate demand for interest or costs appears in this model, a point of contrast with several other forms in the article. The relief here is limited to what the three-part wherefore clause spells out.
Frequently Asked Questions
What must the complaint allege about the underlying agreement?
That the plaintiff and defendant entered a written agreement for the defendant to convey the land, attached to the complaint as an exhibit.
What must the plaintiff show about the purchase price?
That the plaintiff tendered the purchase price and requested the conveyance, that the defendant refused both, and that the plaintiff now renews the offer to pay.
What is the primary relief the plaintiff seeks?
An order requiring the defendant to specifically perform the agreement to convey the land.
What happens if the court will not order specific performance?
The complaint asks, in the alternative, for a money judgment against the defendant.
Does the sample complaint ask for interest or costs?
No. Unlike several other forms in this article, it requests only specific performance, stated damages, and the alternative money judgment.
Amendment History
Ga. L. 1966, p. 609, § 112; Ga. L. 1980, p. 649, § 10.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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