Under the partial performance doctrine, two of three acts may satisfy the writing requirement. Which combination qualifies?

• A. Partial payment alone.
• B. Possession alone.
• C. Substantial improvement alone.
• D. Two of the three: partial payment, possession, or substantial improvement.

Answer: (D)

The rule here hinges on the writing requirement for real-property contracts and the partial performance exception. Normally a contract for the sale of land must be in writing, but if the buyer has already acted in ways that point unmistakably to the contract, the writing requirement is satisfied despite the lack of a formal written agreement. Specifically, two of three acts—payment of part or all of the price, possession of the property, or making substantial improvements—are enough to show enough evidentiary support that a contract exists.

One act alone isn’t enough because it could reflect a different arrangement (for example, a loan payment, a tenancy, or mere self-help improvements). Two acts together, however, demonstrate the parties’ intent and performance under a contract for sale, so the agreement can be enforced despite the absence of a writing.