Bar Exam — MBE (Multistate Bar Exam)Real PropertyEasy
A buyer and seller entered into a valid written contract for the sale of Blackacre. The contract specified a purchase price of $500,000, a closing date of June 1st, and described the property by its street address, '123 Oak Street, Anytown, State.' Before the closing, the buyer discovered that the property's legal description in the county records referred to 'Lot 7, Block B of the Anytown Subdivision,' which corresponds to 123 Oak Street. The buyer now refuses to close, claiming the contract's property description is insufficient. Is the buyer likely to prevail?
- AYes, because a street address is generally not a sufficient legal description for real property contracts.
- BNo, because the street address, coupled with the city and state, is sufficient to identify the property with reasonable certainty.
- CYes, unless the contract explicitly stated that the street address was a commonly accepted alternative to a legal description.
- DNo, because the Statute of Frauds only requires the parties to be identified, not the property.
Show answer & explanationAnswer & explanation
Correct answer: B. No, because the street address, coupled with the city and state, is sufficient to identify the property with reasonable certainty.
For a contract to satisfy the Statute of Frauds, the property description must reasonably identify the land. A street address, especially when coupled with city and state, is generally considered sufficient if it allows for identification of the specific parcel.
Why the other options are wrong
- A. This is incorrect. While a full legal description is ideal for deeds, for contracts, a street address is often sufficient if it clearly identifies the property.
- C. No explicit statement is usually required; the sufficiency is judged by whether the description identifies the property. This adds an unnecessary hurdle.
- D. This is incorrect. The Statute of Frauds requires identification of both the parties AND the property, along with the price and other essential terms.
Sufficiency of Property Description (Statute of Frauds)
For a real estate contract to be enforceable under the Statute of Frauds, the property description must be sufficient to identify the land with reasonable certainty.
- Does not require a formal legal description (e.g., metes and bounds).
- A street address is often sufficient if it allows for unique identification.
- The purpose is to prevent fraud by ensuring the property can be definitively located.
Memory trick: The Statute of Frauds says 'Write it down, or it won't stand ground!'