ProfDale Property Video 37 - Statute of Frauds and Part Performance

Discusses the requirements for a writing for real estate sale contracts, and also covers the part performance doctrine, which allows enforcement of sale contracts without a writing in some circumstances.

[@craigf.5602]

You're a "God Send" Professor.
When I needed this the most as the hour glass ⌛ is almost empty.
Thank you for your channel 🙏

[@michaelj.maestranzi8444]

Thank you so much for this video. It shed a lot of light and I feel more knowledgeable these laws and concepts.

[@profdalespropertyvideos185]

thank you, Michael. I'm glad it was helpful.

[@learningthelawwithmr.felip9229]

If equity is there to supplement the law, why then does the doctrine of part performance override (for lack of better terms) Section 4 of the Statute of Fraud 1677

[@profdalespropertyvideos185]

I would say that equity actually contradicts the Statute of Frauds. It's an extraordinary example of the courts simply changing the plain meaning of the statute!

[@ashndhunter]

How do I initiate an action against the new owners

[@profdalespropertyvideos185]

Ashley - you will need to be more specific. What role did you play in the transaction, and what type of action do you have in mind?

[@warrenthomas2275]

I can't help but wonder if there is a single judge out there who has any idea as to the existence of this doctrine, and if they'd even hear it argued

[@profdalespropertyvideos185]

Warren - welll, most trial court judges don't know much about property law at all, but there are plenty of appellate court decisions involving the doctrine of Part Performance. It's well known in the case law, and if a lawyer in the trial court cites those cases, the judge will surely have to recognize and consider them.

[@warrenthomas2275]

Thank you. This video was an extraordinary find, and very clearly presented. I would be very indebted if you could possibly cite any Part Performance Doctrine cases. I e only found the Ficke case. We are embroiled in a bitter PPD case as I write

[@profdalespropertyvideos185]

@@warrenthomas2275 I can probably do that. Tell me what jurisdiction your dispute is located in. - ProfDale