Tom owned a house set on 1 acre of land that he wanted to sell
when he retired in April, 2013. On April 1, 2012, Mary and Tom
orally agreed that Mary would purchase Tom's house and 1 acre of
land for $350,000 cash on April 15, 2013. In the meantime, Mary and
Tom agreed that Tom would continue to own and live on the
property. On April 15, 2013, Mary presented Tom with a
cashier's check for $350,000 for the house and Tom transferred the
deed to the house and land to Mary in her name. Mary and Tom
properly filed all the documents necessary for the closing on the
real estate sale.
Mary and Tom had also agreed previously that Tom could remain on
the property following the closing of the sale on April 15, 2013
until April 17, 2013 to give him time to move out. On April 17, Tom
refused to move out claiming that their oral agreement for sale of
the property was invalid and unenforceable under the Statue of
Frauds.
In this case, could Mary argue that by the fact that Tom
signed and transferred the deed to her; that this was sufficient
writing to satisfy the statute of frauds?