Question

The owner of a house put the property up for sale. A surgeon entered into negotiations with the owner to purchase the house, and the parties agreed upon a sale price of $200,000 and a closing date. The owner told the surgeon that she would drop a contract in the mail and have her attorney draw up a deed. The owner signed a land sale contract, which included the property's address but did not contain a metes and bounds legal description. She mailed the contract to the surgeon that afternoon, although it was mailed too late for the last mail pickup of the day. The owner's attorney promptly drew up a deed and dropped it in the mail to his client. The surgeon received the contract the next day. After she mailed the contract, the owner received an offer of $250,000 for her property from her next-door neighbor, who wanted to expand beyond his own property line. The owner called her attorney and told him to inform the surgeon that the deal was off. The attorney e-mailed the surgeon, stating that his client had found another purchaser for the property, and that all matters regarding the surgeon's offer for the property were rescinded. The surgeon signed the contract anyway and returned it to the homeowner by registered mail.If the surgeon brings an action to compel the owner to convey the property to him for $200,000, is he likely to prevail?

Answer 1

Yes, because the owner signed the land sale contract.

Step-by-step explanation:

Considering the scenario described in the question, it can be concluded that if the surgeon brings an action to compel the owner to convey the property to him for $200,000, He is likely to prevail because "because the owner signed the land sale contract."

Given that the owner signed the land sale contract, the surgeon is entitled to specific performance.

This is based on the fact that a contract was formed here when the parties orally agreed to the sale of the property.

Hence, the surgeon is likely to prevail in compelling the owner to convey the property to him for $200,000 based on the fact that the neighbor had only made an offer but the owner has yet to accept the offer.