?Buyer pays a $10,000 down payment to Seller for the purchase of Blackacre. At closing, Buyer tenders the balance of the purchase to Seller but Seller refuses to convey Blackacre because the contract to sell was not in writing.

A. ?Buyer has just lost $10,000.
B. ?Buyer can place the balance of the purchase price into escrow and successfully sue Seller for breach of contract and receive specific performance.
C. ?Buyer can sue Seller for breach of contract and recover $10,000.
D. ?Buyer can sue Seller in a restitution cause of action and recover the $10,000.


Answer: D

Legal Studies & Paralegal

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