If a seller wrote an agreement on a napkin stating they would sell a property, what concern might arise?

The choice highlighting the concern regarding the identity of the property being unclear is particularly significant because a valid real estate contract must clearly define the subject matter of the sale, which includes specific details about the property being sold. In a formal agreement, such as a purchase agreement, the property description typically includes the address, legal description, and other identifying characteristics. A vague or ambiguous description on a napkin may lead to confusion or disputes about which property is actually being transacted.

While the other options present valid concerns—like the potential for unrealistic price expectations, a lack of witnesses, or issues with enforceability in court—the clarity of the property’s identity is critical for the enforceability of a real estate contract. If the description is unclear, even if all other elements of a valid contract are present, the agreement could be deemed unenforceable because it fails to clearly identify the subject of the sale. Hence, the potential for ambiguity regarding the property in such a rudimentary agreement poses a primary concern.