If the buyer in an alleged contract for the sale of land has paid any portion of the sales price and either has begun to permanently improve the land or has taken possession of the land,the courts will consider the contract partially performed,and this partial performance will amount to proof of the contract.

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Although the statute of frauds requires a writing for sales of interests in land,there is an exception based on the theory of partial performance.Under partial performance,if the buyer in an alleged contract for the sale of land has paid any portion of the sales price and either has begun to permanently improve the land or has taken possession of the land,the courts will consider the contract partially performed,and this partial performance will amount to proof of the contract.

If the Buyer in an Alleged Contract for the Sale