WA Bar Practice Questions - Washington Bar Examination (NextGen UBE) Exam

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A buyer and a seller orally agree on the sale of a parcel of land in Washington. The buyer pays part of the price and, with the seller's knowledge, moves onto the land and builds a substantial addition. The seller then refuses to convey, asserting the statute of frauds. What is the buyer's strongest argument to enforce the agreement?

The statute of frauds does not apply to land sales Part performance, shown by payment plus possession and substantial improvements, takes the oral contract out of the statute of frauds Oral land contracts are always enforceable if witnessed The buyer can recover only money damages and never specific performance

Correct Answer:

Part performance, shown by payment plus possession and substantial improvements, takes the oral contract out of the statute of frauds

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