Tuesday, March 13, 2007
S.C. Supreme Court issues an opinion on the Statute of Frauds and contracts for the sale of land
Fici v. Koon, Buyer sought to enforce a contract to sell real estate based on a form contract and a plat. The form contract did not contain a description of the property to be conveyed except to specify that it was "at least thirty acres," and indicated that Buyer and Sellers were to agree on property lines. The 1960 plat was never intended to indicate the final boundaries but was to be the basis of the surveyor's plat. The Supreme Court noted that a conveyance of land is unenforceable if the contract provides only that the boundaries are to be determined upon agreement to a subsequent survey and plat. In the words of the Court, "the signed form contract dated February 27 is nothing more than an agreement to agree which is unenforceable under the Statute of Frauds. "
Posted by william at 8:20 AM