Topic > Contractual Transfer of Title to Real Property - 701

What advice RJ is likely to give Padrina depends primarily on whether she and Orande have an enforceable agreement. For a contract involving an agreement to transfer title to real property, as here, acceptance and consideration must be present to be enforceable, rather than an offer. The contract must also comply with the Statute of Frauds. The Statute of Frauds requires that the contract or some memorandum thereof be in writing and that the writing be signed by the accused party. The writing must also contain sufficient evidence of the terms of the contract. Here we are told to assume that a contract exists. However, there is no mention or evidence that the contract is in written form. So, we need to see if we have a written memorandum of contract. A memorandum can be any writing related to the topic. Here our topic is the sale of property title and Padrina's note refers to this. We therefore have a written text. But do we have the signature of the person to be charged? A signature can be any form of signature, initials or mark made by the dependent party to acknowledge the terms of the contract. Usually the party to blame is the one who refuses to comply with the terms of the contract. Since it is usually not known who it is when the parties originally enter into the contract, it is prudent to have all parties sign. In this case, we have not yet had anyone refuse to comply with the contract. And we are told that Padrina signed both copies. But has Orande signed? The facts show that he initialed both copies in response to Padrina's note asking him to do so "to confirm these terms." Accordingly, your initials are likely to constitute a signature required by the statute. The next question is whether the sign… in the middle of the card… um, gets that loan. As a result, it probably includes this term. The note does not say whether there will be any inspections. But the facts don't show that Padrina even wanted them. So, there is evidence that this was not material. Therefore, it would not be included in this memorandum of their contract. Considering all of the above it is likely that a court would find that Padrina and Orande had a memorandum of their contract for the purchase and sale of CALiacre with its attached apartment, that the memorandum was signed by both of them, thus including either the other who might prove to be the party to be charged, and that the memorandum contained sufficient terms to demonstrate the existence of their contract. As a result, their contract complied with the Statute of Frauds. In light of the above, RJ will most likely advise Padrina that he has an enforceable contract.