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Contracts Ny Real Property LawContract_essentials_nyMEDIUM

Robert agrees to sell his Manhattan condominium to Jennifer for $800,000. The written contract is signed by both parties but contains an error in the legal description, listing the wrong unit number. Under New York law, what is the most likely outcome?

Correct Answer

B) The contract can be reformed if both parties agree on the correct unit and the error was mutual

New York courts may reform a contract when there is a mutual mistake in the written document that does not reflect the true agreement of the parties. If both Robert and Jennifer can demonstrate they intended to contract for a specific unit and the wrong unit number was a clerical error, the contract can be reformed to reflect their actual agreement.

Answer Options
A
The contract is void due to the incorrect legal description
B
The contract can be reformed if both parties agree on the correct unit and the error was mutual
C
The contract is automatically binding for the unit described, even if incorrect
D
The contract becomes a month-to-month rental agreement instead

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Related Topics & Key Terms

Key Terms:

contract_reformationmutual_mistakelegal_descriptionspecific_performance
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