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Property Law CUNY Spring 2021

Seller Duties

Any transaction for real estate is governed by the statute of frauds.  

New York General Obligations Law § 5-703(2)

 “[a] contract for the . . . the sale, of any real property, or an interest therein, is void unless the contract or some note or memorandum thereof, expressing the consideration, is in writing, subscribed by the party to be charged, or by his lawful agent thereunto authorized by writing.”

To satisfy the statue of frauds, there must be a memorandum evidencing that there is a contract, and it must be signed/subscribed to by the party to be bound. This writing must, at a minimum designate the parties, identify and describe the subject matter, and state all of the essential terms of a complete agreement. These essential terms include price and date of closing

A series of emails back and forth can satisfy this requirement.