Under the statute of frauds, if the patio furniture is promised to stay with the house but is not mentioned in the contract, the buyer's best recourse is to:

Study for the Burk Baker National Test. Use flashcards and multiple choice questions with hints and explanations to prepare effectively. Get ready for your exam!

Multiple Choice

Under the statute of frauds, if the patio furniture is promised to stay with the house but is not mentioned in the contract, the buyer's best recourse is to:

Explanation:
Under the statute of frauds, promises to transfer goods or interests that fall under its scope must be in writing to be enforceable. If the patio furniture is promised to stay with the house but that promise isn’t included in the contract, there is no enforceable promise to keep the furniture. Since the promise isn’t in writing, a breach claim can’t be sustained, so suing for breach would not succeed. The contract can still govern other terms, but the furniture promise itself isn’t enforceable without a written agreement.

Under the statute of frauds, promises to transfer goods or interests that fall under its scope must be in writing to be enforceable. If the patio furniture is promised to stay with the house but that promise isn’t included in the contract, there is no enforceable promise to keep the furniture. Since the promise isn’t in writing, a breach claim can’t be sustained, so suing for breach would not succeed. The contract can still govern other terms, but the furniture promise itself isn’t enforceable without a written agreement.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy