Answer each question in complete paragraphs; do not list or answer in phrases (points will be deducted for doing so). None of these questions can be adequately/comprehensively answered in just a paragraph, so be comprehensive, in depth in your answers, but be careful to not include irrelevant information. If you are using a legal term, be sure to define it and provide the requisite elements. Provide alternative theories and dont just pick the most relevant theory to discuss. Points will be deducted for answers that are not well justified, not sufficiently comprehensive. Use Writing Standard in text citations and references, as appropriate but please do not use direct quotes. Use only classroom notes/comment and assigned reading or watching materials as resources, which is all you need to complete the exam. Follow directions carefully. Answer all parts of each question.

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Tom owned a house set on 1 acre of land that he wanted to sell when he retired in April, 2017. On April 1, 2016, Mary and Tom orally agreed that Mary would purchase Tom's house and 1 acre of land for $350,000 cash on April 15, 2017. In the meantime, Mary and Tom agreed that Tom would continue to own and live on the property. On April 15, 2017, Mary presented Tom with a cashier's check for $350,000 for the house and Tom transferred the deed to the house and land to Mary in her name. Mary and Tom properly filed all the documents necessary for the closing on the real estate sale.

Mary and Tom had also agreed previously that Tom could remain on the property following the closing of the sale on April 15, 2017 until April 17, 2017 to give him time to move out. On April 17, Tom refused to move out claiming that their oral agreement for sale of the property was invalid and unenforceable under the Statue of Frauds.

1. Was the sale originally subject to the Statute of Frauds and if so, for what reason(s) and why?

2. Is the contract for sale of the property valid so that Tom has to relinquish possession of the property? Why or why not?