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MMLU / A property owner agreed to sell one of his real estate parcels to a neighbor. He…

Problem

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question

A property owner agreed to sell one of his real estate parcels to a neighbor. He wrote up an agreement of sale with the sale price of $200,000 and he signed the document. The neighbor took it and returned with a bank check for the full amount, demanding that the deed be tendered. The property owner then decided that the terms were not reasonable and he returned the money and refused to tender a deed. Neighbor sued for specific performance. The property owner defended on the basis that the neighbor did not accept the agreement's terms and did not sign the document. Neighbor sued for specific performance of the transaction. Is the court likely to rule in favor of the neighbor?

choices

  1. No, because the neighbor did not expressly state that he accepted the agreement.
  2. No, because the neighbor had to put his signature on the document to make it a binding contract.
  3. Yes, because neighbor manifested his assent by his conduct of tendering the full sale price, at which point a contract existed.
  4. Yes, because the property owner created a binding contract when he prepared an agreement containing the agreed terms.

subject

professional_law

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