Question
Bundy entered into a purchase money mortgage sales contract with Sirrine to buy her house in Ventura County for $500,000. The contract was prepared in
Bundy entered into a purchase money mortgage sales contract with Sirrine to buy her house in Ventura County for $500,000. The contract was prepared in February without the assistance of a real estate broker or a lawyer and included the following language: "I, Bundy agree to purchase from Sirrine, her house in Ventura County, for $500,000 at the time of closing, which shall be the last day in April." It was signed by Bundy, who gave Sirrine his check for $500, which she did not cash. He also obtained keys from Sirrine and immediately moved his furniture out of storage into Sirrine's empty house. Housing prices continued to climb throughout March and April and on April 28, when Bundy presented Sirrine with a check for $500,000, Sirrine refused to transfer title to him, arguing that the contract was not enforceable under the Statute of Frauds. What is the most likely outcome if Bundy sues Sirrine for specific performance? Select one.
- The court will refuse to order Sirrine to specifically perform because she is the party to be charged and she did not cash the check.
- The court will require Sirrine to transfer title to Bundy because he substantially relied on the contract by moving his furniture out of storage.
- The court will refuse to order Sirrine to specifically perform since the property description was not specific enough.
- The court will require Sirrine to transfer title to Bundy in exchange for the purchase price based on the doctrine of part performance.
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