1a.. Ed and his wife June bought a parcel of land from Jim. The contract was for

Question

1a.. Ed and his wife June bought a parcel of land from Jim. The contract was for the "real property" located at 2929 South Street. On the parcel were a house, a storage shed, and an above-ground pool. The shed had electrical wiring and was bolted to a concrete slab in eight places. The pool was empty of water and had not been connected to water or electricity for some time. Inside the house on the day that Ed and June made their home inspection were expensive ceiling fans, marble floors, and two large Persian rugs.

Was the contract for the sale of the property required to be in writing?

A

-Yes, because it was for the sale of real property

B

-Yes, because the contract exceeds the dollar amount of the Statute of Frauds

C

-No, because the Statute of Frauds does not apply to residential home sales

D

-No, because Ed and June were offerees and Jim was the offeror

1b. In Florida, what form of ownership would Ed and June probably use to take title to the property?

A

-Marital property

B

-Tenancy by the entireties

C

-Tenancy in common

D

-Community property

1c. What real property was included in the sale?

A

-House, shed, pool, rugs

B

-House, shed, marble floors

C

-House, pool, ceiling fans

D

-House, shed, rugs

1d. What remedy would be available to Ed and June if they show up to their new house and all the marble floors have been replaced with inexpensive vinyl flooring?

A

-No remedy available, since the value of the wood flooring is equal to the value of the marble flooring

B

-No remedy available, because the marble flooring was not specifically listed in the contract

C

-Sue for damages in civil court under the Statute of Frauds

D

-Sue for damages on the contract

A

-Yes, because it was for the sale of real property

B

-Yes, because the contract exceeds the dollar amount of the Statute of Frauds

C

-No, because the Statute of Frauds does not apply to residential home sales

D

-No, because Ed and June were offerees and Jim was the offeror

Explanation / Answer

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Citation Law books

1.a) Choice D

Ed and June: Choice D.

Citation: Para Legal College,

Statute of Frauds says that things must be made in writing so that they can be enforced by the law – it applies to around 5 types of contracts like:

Statute of Frauds was passed in 1677 in the Parliament of Great Britain.

Hence the correct choice for question 1 a) is choice D – The contract need not be in writing.

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1.b) Choice A

Florida: Choice A more likely

Citation: Legal Dictionaries

Form of ownership take able by the Ed couple, to take the property title in Florida:

A. Marital property means the property acquired by either the husband or the wife during the period of the time when they are still legally married.

     E.g. John and Stella get married in 1997 – John buys a house in 1999 – this will be the marital property

- but then they got divorced in the year 2003 – again John buys another house in the year 2005 – this will not be the marital property – this is common sense because Stella is not with John during the 2nd purchase of the property. – Hence it is more likely this choice – but we can eliminate the other choices

B. Tenancy by entireties is nothing but both the husband and wife must agree in order to change something in the common property owned by them. In our case, if Ed wants to sell the swimming pool alone, then June must agree – if June objects, Ed can’t sell – Of course this choice also looks closer;

C. Tenancy in common is defined as the joint ownership that happens concurrently or simultaneously at the same point in time (PIT). Ed and June are owning it as a co owners each. Here the ownership is not divided between Ed and June. Both of them hold their own undivided rights on the property.

Alienation rights: Walk away or push away rights – Say Ed owns the Swimming pool while June owns the House – Ed can sell the pool to Peter while June can sell the house to Stella – neither Ed nor June can object –

Concept of inequality – John can own 60% of the property like the pool, the shed, and few more – while June can own just 40% of the property – just the house alone – there is no rule that they must hold half each.

But this choice also appears closer because when they purchased the property what type of deal did they enter?

To be honest, this question has insufficient information!

D. Community Property is defined as the property purchased during the time when the couple was legally married – but it will be divided and given away to each spouse after divorce or death of one of the spouses. This choice is also closer. But the choice A looks closest – so choice A can be the correct answer.

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1.c) Choice B

The real property included in the sale was: Choice B House, Shed, and the marble floors.

Real property means real estate – immovable properties like land, building, ponds, swim pools, sheds, etc

Fixed assets – not movable assets – hence rug cannot be real as you can take it away. Neither the ceiling fans as you can remove the screws and take it away as well.

So correct choice is B as the rest choices are eliminated;

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1.d) Choice C:

Remedy available to Mrs. and Mr. Ed if they get shock to see their marble floor were replaced by the cheap vinyl floor (it is a sure cheat by the seller) is Choice C – possibility to sue in civil courts using the section of Statute of Frauds;

The answer must be either C or D as surely they do have a remedy – they can sue – but under what section – let us find it –

C) Sue in civil court covers crimes like:

Statute of Frauds:

D) Choice D can be eliminated because it is more than a contract.

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