Explain whether the Bradshaws can obtain specific performance of the oral contract of sale based on the defendants’ ratification of the oral contract by their knowledge of and failure to repudiate it.
Aretta J. Parkinson owned a two-hundred-acre farm in a State that requires written authority for an agent to sell land. Prior to her death on December 23, Parkinson deeded a one-eighth undivided interest in the farm to each of her eight children as tenants in common. On January 15 of the following year, one of the daughters, Roma Funk, approached Barbara Bradshaw about selling the Parkinson farm to the Bradshaws. They orally agreed to a selling price of $800,000. After this meeting, Funk contacted Bryant Hansen, a real estate broker, to assist her in completing the transaction. Hansen prepared an earnest money agreement that was signed by the Bradshaws but by none of the Parkinson children. Hansen also prepared warranty deeds, which were signed by three of the children. Several of the children subsequently refused to convey their interests in the farm to the Bradshaws. Explain whether the Bradshaws can obtain specific performance of the oral contract of sale based on the defendants’ ratification of the oral contract by their knowledge of and failure to repudiate it.
As per this case, implied ratification is not allowed. Ratification of unauthorized conduct by anyone can be either implied or expressed.
As per the law, Individual F's authority needs to be in writing and the ratification also has to be in writing.
So, here, the implied ratification is not valid.