A buyer and seller agreed orally for the sale of a parcel of land for $200,000. The buyer paid $50,000 as a down payment and took possession of the land, where they began constructing a small storage unit. Before the transaction was completed, the seller repudiated and refused to transfer the title. The buyer sues to enforce the oral agreement. Which of the following is the BEST basis for the court to enforce the agreement?
The oral agreement is enforceable since the value of the land exceeded the threshold for oral agreements under the Uniform Commercial Code.
The payment of a portion of the purchase price demonstrates reliance on the contract.
The equitable principle that verbal agreements are enforceable when they are made in good faith.
The buyer's part performance, demonstrated by a down payment, taking possession, and making improvements to the land.
The statute of frauds generally requires that contracts for the sale of land be in writing to be enforceable. However, the part performance doctrine is an exception where an oral agreement for the sale of land is enforceable if the party seeking enforcement can show certain acts, such as payment, taking possession, or making improvements on the land, that unequivocally indicate the existence of a land sale agreement. In this case, the buyer's payment, possession, and construction work collectively satisfy the part performance exception and provide a clear indication of the agreement. Other answers misstate or misapply legal principles. Reliance on a mere payment or unclear intentions to rely are insufficient under the statute of frauds.
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What is the part performance doctrine in real estate contracts?
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Why does the statute of frauds require contracts for the sale of land to be in writing?
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Multistate Bar Examination
Real Property
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