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Real Property Law
Contract Did Not Satisfy Statute of Frauds
Saul v. Vidokle
NYLJ 6/9/17, p. 26, col. 5
AppDiv, Second Dept.
(memorandum opinion)
In buyer's action for specific performance of a sale contract, seller appealed from Supreme Court's denial of its motion to dismiss and its motion for costs, sanctions and attorney's fees. The Appellate Division modified to dismiss the complaint, concluding that the purported contract did not satisfy the statute of frauds.
Buyer and seller allegedly agreed, in email discussions, to a sale of a Brooklyn apartment. Seller emailed his lawyer with details of the sale, including the party's name, the purchase price of $1.3 million in cash, an agreement that no brokers would be involved, and an agreement that seller would lease the property back from buyer at $3,000 per month during the time it would take to complete seller's new home. Within days, a broker informed seller that the latter could obtain a higher purchase price on the market. Seller then emailed buyer asking buyer to wait on execution of a formal contract. Buyer insisted that the parties were already bound, and brought this action for specific performance. Supreme Court denied seller's motion to dismiss, and also denied seller's motion for costs, sanctions and attorney's fees.
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