Reply to Any way to enforce a verbal offer to lease?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]So so much bad info on here

First the statute of Frauds says all real estate contracts for a term of 1 year or more must be in writing. Second, a text exchange is a writing and is likely enforceable. Third the consideration is the mutual exchange of promises in this instance (ie party 1 will lease the property, party 2 will pay rent). [/quote]

Of all the exam responses, this is the top one[/quote]

Not helpful though because the lease was likely for more than a year. [/quote]

Let's examine that.  Sentence 1 correctly recites the rule -- must be in writing if 1+ year.  Sentence 2 identifies the text exchange as a writing and posits that such a writing is likely enforceable.  Sentence 3 accurately states that an exchange of mutual promises is consideration.  That is a solid B response and is helpful (although there's work to be done on receipt of facts as to whether the text is sufficient and the response fails to note the likely difficulty in achieving specific performance).  [/quote]

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