Final answer:
An oral agreement to sell land that is only partially paid for is generally unenforceable due to the Statute of Frauds, which requires such agreements to be in writing. The party that has paid may face difficulties with legal remedies, and attempts to evict could be challenged based on state laws and specific case details.
Step-by-step explanation:
When someone orally agrees to sell land and partial payment has been made, the situation may involve both a potential breach of contract and an unenforceable agreement. Generally, contracts for the sale of land must be in writing to be enforceable due to a legal principle known as the Statute of Frauds. An oral agreement for such a transaction typically cannot be enforced in court, so if the seller received $400,000 but did not transfer the property, the buyer may have difficulty obtaining legal remedy. However, if the buyer tries to evict the seller without a formal written and completed sales agreement, the seller may defend against the eviction on the basis of the oral contract, depending on the specific state laws and facts of the case.
For example, consider a scenario where Freda or Ben thought they had a deal to buy a house based on an oral agreement and partial payment. If there is no written agreement, their ability to enforce the terms may be very limited. In Freda's case, her property has appreciated; if Ben wants to sell his house, his equity has increased due to his down payment and the payments made towards the loan. Such financial details factor into real estate transactions, but do not directly resolve the issue of oral agreements being unenforceable for property sales.