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Under Louisiana law, which of the following elements is required for a valid promise to sell immovable property to be enforceable between the parties?

Correct Answer

C) A written agreement identifying the property and the price

Under Louisiana Civil Code Art. 2623, a promise to sell (purchase agreement) for immovable property must be in writing and must identify the thing to be sold and the price. These two elements — written form, identified property, and agreed price — are the minimum requirements for an enforceable promise to sell immovable property. No notarization is required for the promise to sell itself to be binding between the parties (though the final Act of Sale must be notarized).

Answer Options
A
Notarization by a Louisiana notary public and two witnesses
B
Recording in the parish conveyance records
C
A written agreement identifying the property and the price
D
Payment of at least 1% of the purchase price as earnest money

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Related Topics & Key Terms

Key Terms:

promise_to_sellwriting_requirementimmovable_propertyoffer_and_acceptancecivil_code

Related Concepts

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.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

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