Themis MBE Real Property Practice Exam

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Under the doctrine of part performance for a land sale contract, which acts may evidence the existence of the contract?

Payment of all or part of the purchase price

Possession by the purchaser

Substantial improvement of the property by the purchaser

All of the above

Part performance lets a contract for the sale of land be enforced even if there’s no writing, when the buyer has done acts that unmistakably show the agreement exists. Paying all or part of the price demonstrates a serious commitment under the contract. Taking possession signals that the buyer is treating the land as their own under an agreement. Making substantial improvements shows the buyer has relied on the contract and invested in the property because of that agreement. Any one of these acts, especially together, can evidence the contract’s existence because they are actions clearly referable to a land-sale deal and not explainable by some other arrangement. Hence, all of the listed acts may evidence the contract.