Multistate Bar Examination Practice Question

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.

Multistate Bar Examination
Real Property
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