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In the right circumstances you could probably get SP, but courts are reluctant to order the sale of someone's house. There is a variety or reasons for this. If financial damages can make the person whole that is the legally preferred award. Because of the strong homestead laws in Texas and the negative connotations on the campaign trail, an elected judge in Texas will look for other remedies even if SP would be appropriate.
Also, since for the most part a residence is not "unique", actual damages should be sufficient to make the person whole. That is why you are more likely to see SP in a commercial property case. If there is only one unoccupied corner at a busy intersection, there is not another property available that will have those same characteristics.
Thinking you could get SP in 6 months is also pretty far off. My guess is even with a commercial property in a similar situation, you could easily be talking 2+ years before the property is conveyed. Not saying 6 months is totally impossible, but I would tell a client to prepare for a much much longer time frame.
Yeah, 6 months is way too optimistic. Our title company was closing a deal back in 2009 where Seller tried to back out the week of closing (I think they got a better offer).
Seller didn't show up at closing. After a few months of demands back and forth from various attorneys, Buyer finally filed suit and we turned the earnest money over to the registry of the court. Every 3 or 4 months since then we get notice of some new filing in the matter. Both sides have filed for summary judgment and lost, they've gone to mediation twice, there have been countersuits and cross suits (the seller's agent got brought in for tortious interference with contract). Huge cluster-ef. Finally it was set for jury trial on November 12 of this year. I showed up at the courthouse just becuase I was interested in it and sure enough it got postponed again because of an issue with the original plaintiff's witness list and not disclosing an appraiser or something.
Our's wasn't purely residential, it was ~20 acres and a house, but I can't imagine either party is happy about the way this has gone down. I'm sure both are so invested in the lawsuit now that they are playing it out to the bitter end, but I bet if either had it to do over again the Seller would have just sucked it up and closed and if not the Buyer would have just sucked it up and found another property.
