Question: Aditi and Danielle, MBA students, need an apartment for next September. They find a lovely...
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Question: Aditi and Danielle, MBA students, need an apartment for next September. They find a lovely two-bedroom unit that the owner is rehabbing. The students can see that the owner is honest, his workmanship excellent. The owner agrees to rent them the apartment beginning September 1, for $1,200 per month for one year. "Come back at the end of August. By then my work will be done and I'll have the papers to sign." Aditi asks, "Should we sign something now, to be sure?" The landlord laughs and replies, "I trust you. You don't trust me?" They both trust him, and shake hands on the deal. When the students return in August, the landlord has rented it to Danielle's former boyfriend, for $1,400 per month. Aditi and Danielle sue. Who wins? Strategy: Under the Statute of Frauds, a contract for the sale of any interest in land must be in writing to be enforceable. What does "any interest" mean? Does the statute of frauds apply to this case? Result: An "interest" means any legal right. A lease is an interest in land, meaning that the students cannot enforce this agreement unless it is in writing, signed by the owner-and it is not. The students need to look for a new apartment.
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