Pat and Dan

Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."

Dan purchased the home identified by Pat and the following week Pat moved in and began living in the house. During the first six months after moving in, Pat installed new carpeting, window coverings and a patio cover at a cost of $8,000. Pat also mailed to Dan a check for $1,000 each month, with a note enclosed with each payment. In each note, Pat asked Dan, "tell me what a fair commission is….I want to finalize our deal." Dan cashed the checks each month, but failed to respond to Pat's notes.

Eleven months after moving into the home, Pat received the half-million dollar installment check. Pat immediately went to Dan with a check for $275,000 and asked Dan to convey the property to her according to their agreement. Dan refused to accept the check and ordered Pat to move out.

If Pat brings an action against Dan, what are the legal issues involved in this action and how should each be resolved? Discuss.

Issues:

Was there a valid contract between Dan and Pat in that Dan would finance a house and be later paid back with interest by Pat who would then have the title transferred to her name by Dan?
Did the writings sent by Pat satisfy the requirement that any contracts involving real