Question

The owner of an undeveloped lot agrees to sell the lot to a buyer. The written agreement identifies the parties, describes the property in sufficient detail, specifies the price to be paid, and spells out the payment terms. The agreement is signed by the owner. In accord with the agreement, the buyer pays the required down payment to the owner. Subsequently, the buyer constructs a garage on the lot as the first step towards building a three-story residence, but, due to a financial reversal, abandons his construction efforts.
May the seller bring an action to compel the buyer to complete the purchase?

Answer 1

Yes, due to the doctrine of part performance.

How would the seller compel the buyer to complete the purchase?

A contract between the parties is strongly suggested by the buyer's activities, which include paying a portion of the purchase price to the owner and building a garage on the property (which is a considerable improvement of the lot). In order to require particular fulfillment of a land sales contract, either party may use the theory of part performance.

Learn more about the doctrine of part performance here:

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