Bar Exam — MBE (Multistate Bar Exam)Real PropertyMedium
A buyer and seller entered into a valid written contract for the sale of Blackacre. Before closing, the seller discovered that the property was worth significantly more than the contract price. The seller then refused to close, claiming that the contract was unenforceable because the legal description in the contract merely stated 'Blackacre, located at 123 Main Street, City, State.' The seller argued that this description was insufficient. Is the legal description sufficient to enforce the contract?
- AYes, but only if the buyer can prove that the seller knew exactly which property was intended.
- BNo, because the contract must include the property's parcel identification number.
- CYes, because the description is sufficient if it reasonably identifies the property.
- DNo, because a legal description must include metes and bounds or a reference to a recorded plat.
Show answer & explanationAnswer & explanation
Correct answer: C. Yes, because the description is sufficient if it reasonably identifies the property.
For a real estate contract to be enforceable under the Statute of Frauds, the legal description of the property must be sufficient to identify the property with reasonable certainty. 'Blackacre, 123 Main Street, City, State' is generally considered sufficient if there is only one such property.
Why the other options are wrong
- A. Subjective knowledge of the seller is not the standard; the sufficiency of the description is an objective test of whether the property can be identified with reasonable certainty from the contract itself or by reference to extrinsic evidence it points to.
- B. Parcel identification numbers are helpful but not universally legally required for a contract to be enforceable under the Statute of Frauds.
- D. While metes and bounds or plat references are precise, they are not always strictly required for a contract to be enforceable. A description that reasonably identifies the property is often enough.
Sufficiency of Legal Description (Statute of Frauds)
For a real estate contract to be enforceable, the written agreement must contain a description of the property sufficient to identify it with reasonable certainty.
- Does not require a formal metes and bounds description.
- A street address, common name, or other clear identifier can be sufficient.
- The test is whether a surveyor can locate the property from the description.
- Must avoid ambiguity that makes the property unidentifiable.
Memory trick: Written Warrants What's Wanted, Certainty Confirms Contract.