Marcus signs a purchase agreement to buy a home in Huntsville, Alabama. The agreement contains all essential terms but is signed only by Marcus, not by the seller, Patricia. Which of the following best describes the status of this agreement?
Correct Answer
A) The agreement is enforceable against Marcus but not against Patricia
Under Alabama's Statute of Frauds (Code of Alabama §8-9-2), a contract for the sale of real property must be signed by the party to be charged — meaning the party against whom enforcement is sought. Because only Marcus has signed, the agreement can be enforced against Marcus but cannot be enforced against Patricia, who has not signed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.
The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.
A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.
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