Reference no: EM133614126

Applicable Laws

The equitable doctrine of part performance allows the court to enforce an oral real estate contract if the agreement was partially performed. The buyer must make at least a partial payment towards the property and possess the property or make valuable improvements to the property. When considering if a case warrants exception to the Statute of Frauds under the equitable doctrine of part performance, the court also considers if a failure to enforce the agreement would cause injustice.

Judge Kline, P.J. clearly states in a similar case involving an oral real estate contract that: "The doctrine of part performance by the purchaser is a well-recognized exception to the Statue of Frauds as applied to contracts for the sale of real property." Sutton v. Warner, 12

Additional comments: what was the court decision