Tom verbally agrees to sell his Florida beachfront condo to Sally for $500,000. Sally immediately pays Tom $50,000 as a down payment, takes possession of the property, and makes $75,000 in improvements. When Tom later refuses to transfer title, Sally sues for specific performance. What is the likely outcome under Florida law?
Correct Answer
B) Sally wins due to the doctrine of part performance
Correct: B - Florida recognizes the doctrine of part performance as an exception to the Statute of Frauds. Sally's payment, possession, and improvements constitute sufficient part performance to enforce the oral contract. Why not A: While the Statute of Frauds requires written contracts, part performance creates an exception. Why not C: Part performance allows enforcement of the entire contract, not just money recovery. Why not D: The remedy includes specific performance of the sale, not limited to improvement value.
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