Seller and Buyer execute a written agreement that states, "I, Seller, agree to sell my house to Buyer for $500,000; closing on September 15." The writing is signed by Seller, lists the price and closing date, but describes the property only as "my house." Seller owns two different houses in the same city. Buyer seeks specific performance.
Under the Statute of Frauds, which of the following best describes whether the agreement is enforceable?
The contract is unenforceable only if Buyer has not partially performed under the agreement.
The contract is enforceable because the parties clearly intended to transfer ownership and stated a definite price.
The contract is enforceable if extrinsic evidence can establish which house the parties meant.
The contract is unenforceable because the property description is insufficient under the Statute of Frauds.
The agreement is unenforceable. The Statute of Frauds requires that a land-sale contract identify the property with reasonable certainty in the writing itself (or in another writing incorporated by reference). Because Seller owns two houses and the writing gives no additional information (such as an address or legal description), the memorandum fails to supply a sufficient property description. Mere evidence that the parties intended a transfer or that extrinsic proof could clarify the description cannot cure a complete omission. Partial-performance and estoppel doctrines might permit enforcement despite a deficient writing, but those exceptions were not triggered on these facts.
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Real Property
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