Specific Performance
Use a Specific Performance template to make your document workflow more streamlined.
What Specific Performance means
Specific Performance is a legal remedy that asks a court to require a party to perform the exact promise made in a contract instead of paying damages. It is most relevant when the promised subject, such as particular real property, is difficult to replace. The remedy depends on an enforceable agreement, adequate consideration, definite terms, and equitable relief under applicable state law. A signed electronic agreement can provide evidence of assent under ESIGN and UETA, but electronic signing does not guarantee that a court will grant specific performance.
Who uses Specific Performance documents
Real estate
Real-estate parties use signed purchase agreements, leases, and related contractual records when a unique property or obligation may matter in later litigation.
Legal and business
Legal and commercial teams use contracts, NDAs, consent forms, invoices, and settlement-related records while preserving signer identity and transaction evidence.
How the document workflow works
A focused workflow helps connect the signed Specific Performance agreement with the people, terms, and evidence needed for later review.
Prepare document: Upload the agreement and review its detected fields. Set participants: Assign parties, signature fields, dates, and initials. Collect signatures: Send the agreement and capture signer activity. Preserve evidence: Store the completed record with its audit trail.
How to prepare and sign Specific Performance
Prepare the agreement carefully, identify every required signer, and preserve the completed record with its audit trail.
Upload the document:
Upload the specific-performance agreement or court-related document to signNow. Check the fields:
Review detected fields and add names, dates, initials, and signature fields. Assign signers:
Assign each required signer and set the signing order. Complete and store:
Send the document, collect signatures, and retain the completed audit trail.
Recommended signing setup
A specific-performance agreement should use identifiable signers, an appropriate electronic signature, an accessible audit trail, and retention rules matched to the underlying transaction.
| Setting | Recommendation |
|---|---|
| Authentication method | Email verification with SMS OTP |
| Signature type | Typed or drawn electronic signature |
| Audit trail | Retain completion history and certificate |
| Document retention | Apply the governing state-law schedule |
| Encryption | TLS 1.2/1.3 and AES-256 |
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What the audit trail records
The audit trail connects the specific-performance document to signer activity, timestamps, and completion evidence that can be reviewed later.
Authenticate signer:
Capture timestamps:
Link actions:
Seal history:
Retain evidence:
Export trail:
Security for signed agreements
Transport encryption:
Storage encryption:
Control assurance:
Security certification:
Electronic records:
Health information:
Technical requirements for signing
Specific-performance documents can be prepared in Chrome, Firefox, Safari, or Edge on Windows and macOS. signNow also provides mobile apps for iOS and Android, allowing authorized parties to review and sign from supported phones or tablets.
Browsers Chrome, Firefox, Safari, Edge Desktop systems Windows and macOS desktops Mobile systems iOS and Android mobile apps
Enterprise deployment may require managed devices, API access, SSO provisioning, or advanced authentication. Confirm the selected signNow plan, workspace permissions, and retention controls before routing a sensitive agreement through production workflows.
Retention periods for related records
Specific Performance itself has no single nationwide retention period; retain the signed agreement according to its transaction, industry, and governing-law requirements.
Three years from filing
Six years for understatement
Six years for PHI
Three years or later
State-law contract schedule
State rules and document exclusions
State rule
Real-estate deeds
Wills
Court orders
Family law
Privacy and disclosure issues to check
Personal addresses, financial details, or case facts may remain visible to recipients who do not need full document access. A signer may complete a signature field without a clearly recorded electronic-consent disclosure for a consumer-facing transaction. Shared links or broad workspace permissions can expose an uncompleted agreement before the intended parties review it. Missing signer identity checks can make later attribution harder when the specific-performance agreement is disputed.
Legal standing of signed agreements
Under the federal ESIGN Act, 15 U.S.C. chapter 96, and UETA as adopted by most U.S. jurisdictions, an electronic signature may establish intent, consent, attribution, and a record capable of accurate reproduction. Those laws do not guarantee specific performance, and exclusions include wills, certain court orders, and family-law decrees.
Examples of agreement workflows
Specific-performance documents can move through property, legal, and enterprise workflows when signer identity, consent, and record preservation are addressed.
Real estate
Martin Properties needed to execute property documents without requiring every party to meet in person or return paper copies.
- Mobile and offline signing supported field-based document execution.
Tim Martin, founder of Martin Properties, said his organization processes and executes documents online with compliance and built-in security. The workflow supports mobile and offline work, helping necessary parties receive completed property documents without relying on an in-person exchange.
Enterprise operations
Xerox needed signatures routed through its NetSuite-based business process with the right document format and recipient.
- NetSuite integration routes documents to appropriate signers.
Kodi-Marie Evans, director of NetSuite Operations at Xerox, described using airSlate SignNow to obtain the right signatures on the right documents and formats through a NetSuite integration. The example is relevant when a specific-performance agreement moves through an established enterprise workflow.
Specific Performance troubleshooting
Use these answers to separate signNow workflow questions from legal questions that require the agreement, governing law, or court procedure to be reviewed.
Upload the agreement to signNow, let the platform detect fillable fields, then review every field against the executed contract before sending. Automatic field detection assists preparation but does not determine whether terms are definite or legally enforceable under state law.
Yes, signNow can capture electronic intent and preserve an audit trail, but ESIGN and UETA do not guarantee equitable relief. A court still evaluates contract formation, definite terms, consideration, breach, adequacy of damages, and applicable state law.
Use signNow’s audit trail, completion record, and configured signer authentication to document attribution. For consumer-facing records, provide the ESIGN disclosure required by 15 U.S.C. §7001(c), including paper-record access and withdrawal procedures.
Specific-performance agreements involving real estate may still require state-specific notarization, witnesses, recording formalities, or deed requirements. signNow can preserve signatures, but it does not replace a required acknowledgment or recorder submission.
The signNow Business plan is listed at $8 per user per month with annual billing and includes audit trails and templates. Business Premium is $15 annually billed and adds bulk send; exact availability should be checked before deployment.
If the document contains protected health information, signNow identifies HIPAA compliance as requiring a BAA. Do not route PHI until the BAA, access controls, retention policy, and recipient permissions are established.
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