Adam Leitman Bailey and John Desiderio When Is Part Performance 'Part Performance in Real Estate Cases'?
Adam Leitman Bailey and John Desiderio discuss the issue of "part performance," the doctrine of which can overcome the Statute of Frauds in circumstances when parties enter into unwritten deals and don't contemplate all the possible circumstances that might arise in the course of their dealings.
April 19, 2022 at 11:32 AM
15 minute read
In my 27 years as a real estate litigator, until recently, I have never used the sword of part performance as much as I have been relying on it now. One of the reasons is the extreme desire of the real estate investor to get rich quickly at the expense of everyone else using deliberate cunning, deceitful actions. Another common trait in these actions has been a problem with the language barrier of the other real estate party from another country. I also believe that some of the new real estate entrants are not as street smart or educated on the rules of the game as their predecessor real estate investors, allowing them to be taken advantage of. In addition, real estate players may not be working as hard as their parents to do their due diligence and paper deals. As far as their advisors, the number of qualified real estate attorneys and advisors may be lacking as very few real estate attorneys came into existence during the years between 2008 and 2012. Ergo, the rules of part performance must be understood and asserted in more cases.
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