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37.0211 Contract for sale of real property.

Cite as [A.S.C.A. § 37.0211]

No agreement for the sale of real property or of any interest therein is valid unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged or his agent thereunto authorized in writing but this does not abridge the power of any court to compel the specific performance of any agreement for the sale of real property in case of part performance thereof.

History: 1979, PL 16-12 § 1; 1981, PL 17-1 § 1; readopted 1980, PL 16-88 §§ 1, 2; 1982, PL 17-31 §§ 1, 2.

Reviser’s Comment: As required by Art. I, § 3 and Art. II, § 9 of the American Samoa Constitution, 37.0211 was passed by two successive Legislatures.

Reviser’s Comment: § 37.0212 was deleted as it was based on PL 18-17 which requires passage by two successive Legislatures according to Art. I. § 3 and Art. II. § 9 of the American Samoa Constitution. As of this codification. PL 18-17 had not passed the 19th Legislature.

Case Notes:

Noncompliance with the statute of frauds does not abridge a court’s power to compel the specific performance of an agreement in the case of part performance. A.S.C.A. § 37.0211. Blue Pacific Management Corp. v. Paisano’s Corp., 23 A.S.R.2d 58 (1992).

A court may compel specific performance of a partially performed, unwritten agreement; the court’s power to compel specific performance is expressly recognized in the statute of frauds relating to land transactions. A.S.C.A. § 37.0211. Manoa v. Jennings, 21 A.S.R.2d 23 (1992).