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MMLU / A purchaser orally agreed with the seller to buy seller's house for …

Problem

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question

A purchaser orally agreed with the seller to buy seller's house for $100,000. The purchaser gave the seller a written offer and a post-dated check for 5% of the price. Before the seller signed the offer form or deposited the check, he received an offer of his full asking price of $120,000 from another party. The seller called the purchaser and called the deal off. The purchaser sued for specific performance on the basis that the oral understanding, along with the written offer and the check, constituted an enforceable agreement. Will the purchaser likely prevail?
Plain-text mathematical notation (without MathML)
A purchaser orally agreed with the seller to buy seller's house for $100,000. The purchaser gave the seller a written offer and a post-dated check for 5% of the price. Before the seller signed the offer form or deposited the check, he received an offer of his full asking price of $120,000 from another party. The seller called the purchaser and called the deal off. The purchaser sued for specific performance on the basis that the oral understanding, along with the written offer and the check, constituted an enforceable agreement. Will the purchaser likely prevail?
Original LaTeX notation
A purchaser orally agreed with the seller to buy seller's house for $100,000. The purchaser gave the seller a written offer and a post-dated check for 5% of the price. Before the seller signed the offer form or deposited the check, he received an offer of his full asking price of $120,000 from another party. The seller called the purchaser and called the deal off. The purchaser sued for specific performance on the basis that the oral understanding, along with the written offer and the check, constituted an enforceable agreement. Will the purchaser likely prevail?

choices

  1. Yes, because there was an oral agreement and the check for the down payment was evidence of consideration being paid.
  2. No, because the offer was not accepted €” prior to an acceptance the seller had the right to sell to anyone.
  3. Yes, because the buyer and seller had a meeting of the minds evidenced by their oral understanding, the check and the written offer.
  4. No, because specific performance does not apply in a residential real estate transaction.

subject

professional_law

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Source and history

task_id
405f7b0a-5d7b-5444-b2e9-cb92af07a05d
task_key
all--test--405f7b0a-5d7b-5444-b2e9-cb92af07a05d
task_revision_id
1
config / split
all / test

Official source

initial import