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6 Am. Jur. 2d Brokers § 6 (database updated 2018).
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1What is a real estate broker?
What is a real estate broker?2What are the three different types of real estate listing agreements?
What are the three different types of real estate listing agreements?3In general, and unless the listing agreement provides otherwise, at what point in a real estate transaction does a broker become entitled to commis...
In general, and unless the listing agreement provides otherwise, at what point in a real estate transaction does a broker become entitled to commission?4In general, if a real estate broker produces a suitable buyer, and the buyer and seller enter into a sales contract, is the broker entitled to comm...
In general, if a real estate broker produces a suitable buyer, and the buyer and seller enter into a sales contract, is the broker entitled to commission even if the sale is not consummated?5Does a non-lawyer who prepares sales contracts while working as a real estate broker risk engaging in the unauthorized practice of law?
Does a non-lawyer who prepares sales contracts while working as a real estate broker risk engaging in the unauthorized practice of law?6What is an extension clause in an exclusive-right-to-sell listing agreement or an exclusive-agency listing agreement?
What is an extension clause in an exclusive-right-to-sell listing agreement or an exclusive-agency listing agreement?7What is a multi-listing service agreement?
What is a multi-listing service agreement?8A seller entered into an exclusive right-to-sell listing agreement with a real estate broker to sell her home. Within the specified period of the a...
A seller entered into an exclusive right-to-sell listing agreement with a real estate broker to sell her home. Within the specified period of the agreement, the broker found a willing buyer for the seller’s home, and the seller entered into a real estate sales contract with the buyer. Before the closing, the buyer backed out of the deal. Assuming the listing agreement contains no language regarding such an occurrence, is the real estate broker entitled to be paid his commission?9A seller hired a real estate agent who was not an attorney to help sell her realty. The real estate agent found a willing buyer for the seller’s pr...
A seller hired a real estate agent who was not an attorney to help sell her realty. The real estate agent found a willing buyer for the seller’s property. The broker took a standard-form real estate sales contract and filled in the blanks.Has the real estate agent engaged in the unauthorized practice of law?10In general, are real estate sales contracts subject to the statute of frauds?
In general, are real estate sales contracts subject to the statute of frauds?11What characteristics must a real estate sales contract possess to satisfy the statute of frauds?
What characteristics must a real estate sales contract possess to satisfy the statute of frauds?12To satisfy the writing requirement, does the statute of frauds require a particular form of writing?
To satisfy the writing requirement, does the statute of frauds require a particular form of writing?13To satisfy the signature requirement, does the statute of frauds require a particular type of signature?
To satisfy the signature requirement, does the statute of frauds require a particular type of signature?14Does the statute of frauds generally require that the essential terms of a real estate sales contract be ascertainable from the contract alone?
Does the statute of frauds generally require that the essential terms of a real estate sales contract be ascertainable from the contract alone?15What is the part-performance exception to the statute of frauds in real estate sales contracts?
What is the part-performance exception to the statute of frauds in real estate sales contracts?16In what manner must a buyer take possession of a property to satisfy the possession element of the part-performance exception?
In what manner must a buyer take possession of a property to satisfy the possession element of the part-performance exception?17In what manner must a buyer make improvements to a property to satisfy the substantial improvements element of the part-performance exception?
In what manner must a buyer make improvements to a property to satisfy the substantial improvements element of the part-performance exception?18Under a real estate sales contract, will a buyer’s actions typically support a claim of part performance if those actions can reasonably be attribu...
Under a real estate sales contract, will a buyer’s actions typically support a claim of part performance if those actions can reasonably be attributed to something other than a contract for the sale of real property?19With respect to the sale of real estate, which types of remedies are available if a plaintiff succeeds in invoking the part-performance exception?
With respect to the sale of real estate, which types of remedies are available if a plaintiff succeeds in invoking the part-performance exception?20What is the estoppel exception to the statute of frauds as applied to real estate sales contracts?
What is the estoppel exception to the statute of frauds as applied to real estate sales contracts?21If a party admits to the existence of all the facts necessary to establish an enforceable real estate sales contract, does this provide an exceptio...
If a party admits to the existence of all the facts necessary to establish an enforceable real estate sales contract, does this provide an exception to the statute of frauds?22A seller orally agreed to sell a property to a buyer. The buyer paid a substantial portion of the agreed-to price at the time the buyer took posses...
A seller orally agreed to sell a property to a buyer. The buyer paid a substantial portion of the agreed-to price at the time the buyer took possession of the property. The buyer also replaced all the water piping and electrical wires in the home located on the property, in addition to building a garage on the property. Later, the seller disputed the sale, contending that it was unenforceable under the statute of frauds. Will the seller win the suit?23A seller entered into a written contract for the sale of a property to a buyer. The contract properly stated all the essential terms of the agreeme...
A seller entered into a written contract for the sale of a property to a buyer. The contract properly stated all the essential terms of the agreement and was signed by both the seller and the buyer. After the closing, the seller claimed that the sales contract was unenforceable under the statute of frauds. Will the seller be successful in arguing that the contract violates the statute of frauds and thus is unenforceable?24What are the four essential terms of most real estate sales contracts that must be provided in the written contract to satisfy the statute of frauds?
What are the four essential terms of most real estate sales contracts that must be provided in the written contract to satisfy the statute of frauds?25Must a real estate sales contract identify both the buyer and seller by name to satisfy the statute of frauds?
Must a real estate sales contract identify both the buyer and seller by name to satisfy the statute of frauds?26For a real estate sales contract to be enforceable, how thoroughly must it describe the property?
For a real estate sales contract to be enforceable, how thoroughly must it describe the property?27May a real estate sales contract satisfy the statute of frauds by stating a definite process for determining the purchase price?
May a real estate sales contract satisfy the statute of frauds by stating a definite process for determining the purchase price?28A buyer and seller entered a written real estate sales contract, which described the subject property as “the house located at 555 Main Street plus...
A buyer and seller entered a written real estate sales contract, which described the subject property as “the house located at 555 Main Street plus enough land for a pool.” Is this description of the property sufficient to satisfy the statute of frauds?29A seller and a buyer entered into a written real estate sales contract. The contract stated that the seller intended to sell a property to the buye...
A seller and a buyer entered into a written real estate sales contract. The contract stated that the seller intended to sell a property to the buyer, gave the property address, and provided that the buyer intended to purchase the property for $300,000. The contract used the real names of both parties. Are all the essential terms required by the statute of frauds present in the contract?30In a real estate sales contract, what are the contract date and the closing date?
In a real estate sales contract, what are the contract date and the closing date?31In a real estate sales contract, what are contingencies?
In a real estate sales contract, what are contingencies?32What type of effort must each party to a real estate sales contract make toward fulfilling the contract’s contingencies?
What type of effort must each party to a real estate sales contract make toward fulfilling the contract’s contingencies?33Under a real estate sales contract, are the seller’s obligation to deliver title and the buyer’s obligation to pay independent or concurrent obliga...
Under a real estate sales contract, are the seller’s obligation to deliver title and the buyer’s obligation to pay independent or concurrent obligations?34At what point in a real estate transaction must the parties typically perform their respective obligations?
At what point in a real estate transaction must the parties typically perform their respective obligations?35Can a party to a real estate sales contract be held in breach for failing to perform an obligation before the closing?
Can a party to a real estate sales contract be held in breach for failing to perform an obligation before the closing?36Under a real estate sales contract, what is the difference between performing an obligation and tendering performance?
Under a real estate sales contract, what is the difference between performing an obligation and tendering performance?37Under a real estate sales contract, what is the effect of a party’s tender of performance at the time of the closing?
Under a real estate sales contract, what is the effect of a party’s tender of performance at the time of the closing?38In general, is the closing date considered to be an essential term of a real estate sales contract?
In general, is the closing date considered to be an essential term of a real estate sales contract?39If a real estate sales contract contains an express time-is-of-the-essence clause, will a court enforce the closing deadline strictly?
If a real estate sales contract contains an express time-is-of-the-essence clause, will a court enforce the closing deadline strictly?40May parties make time of the essence without the inclusion of a time-is-of-the-essence clause in the real estate sales contract?
May parties make time of the essence without the inclusion of a time-is-of-the-essence clause in the real estate sales contract?41Do some jurisdictions allow one party to a real estate sales contract to unilaterally make time of the essence?
Do some jurisdictions allow one party to a real estate sales contract to unilaterally make time of the essence?42A seller agreed to sell a property to a buyer. The seller and buyer entered into a valid real estate sales contract that stated a specific closing ...
A seller agreed to sell a property to a buyer. The seller and buyer entered into a valid real estate sales contract that stated a specific closing date, but the contract was silent on whether the closing deadline was an essential term of the contract. The buyer rendered performance of her duties under the sales contract one day after the closing date. Is the buyer in material breach of the agreement?43If time is of the essence in a real estate sales contract, can a party’s conduct waive its right to timely performance?
If time is of the essence in a real estate sales contract, can a party’s conduct waive its right to timely performance?44A seller agreed to sell a property to a buyer. The seller and buyer entered into a valid real estate sales contract that included a time-is-of-the-...
A seller agreed to sell a property to a buyer. The seller and buyer entered into a valid real estate sales contract that included a time-is-of-the-essence clause and set a specific closing date. The buyer provided the funds to purchase the property two days after the closing date. The seller knowingly accepted the buyer’s late tender of the purchase price. A week later, the seller asked a court to find that the buyer materially breached the contract. Will the seller succeed?45Absent contrary language in a real estate sales contract, before one party may have a remedy against the other for breach of contract, must the com...
Absent contrary language in a real estate sales contract, before one party may have a remedy against the other for breach of contract, must the complaining party have fully and timely tendered her own performance?46What three potential remedies does each party have for the other party’s breach of a real estate sales contract?
What three potential remedies does each party have for the other party’s breach of a real estate sales contract?47What is the remedy of rescission and restitution as applied to the breach of a real estate sales contract?
What is the remedy of rescission and restitution as applied to the breach of a real estate sales contract?48Does the remedy of rescission and restitution entitle the seller to retake possession of the property if the buyer has already taken possession?
Does the remedy of rescission and restitution entitle the seller to retake possession of the property if the buyer has already taken possession?49If a seller obtains rescission and restitution for the buyer’s breach of a real estate sales contract, may the seller thereafter sue the buyer for ...
If a seller obtains rescission and restitution for the buyer’s breach of a real estate sales contract, may the seller thereafter sue the buyer for payment of the purchase price?50In general, does the remedy of rescission and restitution for the breach of a real estate sales contract entitle the buyer to the return of any dep...
In general, does the remedy of rescission and restitution for the breach of a real estate sales contract entitle the buyer to the return of any deposit paid toward the purchase price?51What is the remedy of specific performance as applied to the breach of a real estate sales contract?
What is the remedy of specific performance as applied to the breach of a real estate sales contract?52Do courts typically treat a buyer’s opportunity to purchase a property as a unique opportunity that cannot be replaced by money damages, thus warra...
Do courts typically treat a buyer’s opportunity to purchase a property as a unique opportunity that cannot be replaced by money damages, thus warranting specific performance?53Do courts typically treat a seller’s interest in a real estate sale as a unique opportunity that cannot be replaced by money damages, thus warranti...
Do courts typically treat a seller’s interest in a real estate sale as a unique opportunity that cannot be replaced by money damages, thus warranting specific performance?54In a real estate transaction, what is an abatement?
In a real estate transaction, what is an abatement?55If the seller’s breach of a real estate contract reduces the value of the property, may the buyer seek an abatement of the purchase price in additi...
If the seller’s breach of a real estate contract reduces the value of the property, may the buyer seek an abatement of the purchase price in addition to specific performance?56May a defendant raise equitable defenses to a claim for specific performance of a real estate sales contract?
May a defendant raise equitable defenses to a claim for specific performance of a real estate sales contract?57A seller agreed to sell a property to a buyer. After executing a valid sales contract, but before closing, the seller got cold feet and decided tha...
A seller agreed to sell a property to a buyer. After executing a valid sales contract, but before closing, the seller got cold feet and decided that he did not want to move away from the property.If the buyer decides to seek redress, will the buyer be able to obtain specific performance?58In an action for breach of a real estate sales contract, may the plaintiff generally recover both specific performance and money damages?
In an action for breach of a real estate sales contract, may the plaintiff generally recover both specific performance and money damages?59In general, what three types of damages are available in an action for breach of a real estate sales contract?
In general, what three types of damages are available in an action for breach of a real estate sales contract?60Under a real estate sales contract, what are loss-of-the-bargain damages?
Under a real estate sales contract, what are loss-of-the-bargain damages?61May a court award expectation damages even if the breaching party did not act in bad faith?
May a court award expectation damages even if the breaching party did not act in bad faith?62For purposes of determining loss-of-the-bargain damages, may the sale price of a replacement sales contract be used as evidence of damages suffered...
For purposes of determining loss-of-the-bargain damages, may the sale price of a replacement sales contract be used as evidence of damages suffered from a contract that was breached?63In the context of a real estate sales contract, what are liquidated damages?
In the context of a real estate sales contract, what are liquidated damages?64Under what legal conditions will a court typically enforce a liquidated-damages clause in a real estate sales contract?
Under what legal conditions will a court typically enforce a liquidated-damages clause in a real estate sales contract?65May a real estate sales contract provide for the seller to retain the buyer’s deposit as a form of liquidated damages in the event of the buyer’s b...
May a real estate sales contract provide for the seller to retain the buyer’s deposit as a form of liquidated damages in the event of the buyer’s breach?66Under a real estate sales contract, may the seller generally retain the buyer’s deposit if the buyer breaches?
Under a real estate sales contract, may the seller generally retain the buyer’s deposit if the buyer breaches?67In general, if a buyer recovers damages for the seller’s breach of a real estate sales contract, will the buyer be entitled to recover any deposit ...
In general, if a buyer recovers damages for the seller’s breach of a real estate sales contract, will the buyer be entitled to recover any deposit that the buyer has paid?68In the context of a real estate sales contract, what are incidental damages?
In the context of a real estate sales contract, what are incidental damages?69In the context of a real estate sales contract, what are consequential damages?
In the context of a real estate sales contract, what are consequential damages?70A buyer and a seller signed a contract for the buyer to purchase a property from the seller for $100,000. The buyer tendered a $5,000 earnest-money...
A buyer and a seller signed a contract for the buyer to purchase a property from the seller for $100,000. The buyer tendered a $5,000 earnest-money deposit and spent $1,000 on a title search. The closing date was January 1. On January 1, the seller refused to convey title. The seller found another purchaser willing to pay $300,000 for the property. The buyer sued the seller for damages. The buyer won, and the court found that the $300,000 sale price to the new purchaser reflected the fair market value of the property at the closing date.What amount can the buyer recover in monetary damages?71What does the implied covenant of marketable title require from a seller of real estate?
What does the implied covenant of marketable title require from a seller of real estate?72What is the legal effect of a seller’s failure to deliver marketable title at closing?
What is the legal effect of a seller’s failure to deliver marketable title at closing?73Is a real estate title considered to be marketable if there is a reasonable likelihood that the buyer will be required to litigate some aspect of t...
Is a real estate title considered to be marketable if there is a reasonable likelihood that the buyer will be required to litigate some aspect of the title after the sale?74Will a trivial title defect or a remote possibility of litigation render a property unmarketable for purposes of an implied warranty of marketability?
Will a trivial title defect or a remote possibility of litigation render a property unmarketable for purposes of an implied warranty of marketability?75What is an encumbrance?
What is an encumbrance?76Does an encumbrance render title unmarketable if the encumbrance is not identified in the sales contract or otherwise deemed to be accepted by the ...
Does an encumbrance render title unmarketable if the encumbrance is not identified in the sales contract or otherwise deemed to be accepted by the buyer?77In general, will an easement that is not identified in a sales contract render title unmarketable if the easement is open, notorious, or visible up...
In general, will an easement that is not identified in a sales contract render title unmarketable if the easement is open, notorious, or visible upon reasonable inspection?78At closing, does the existence of zoning regulations affecting the property render title unmarketable?
At closing, does the existence of zoning regulations affecting the property render title unmarketable?79In most jurisdictions, is an existing violation of a building code an encumbrance that might render title unmarketable?
In most jurisdictions, is an existing violation of a building code an encumbrance that might render title unmarketable?80Under a real estate sales contract, does a mortgage necessarily render the seller’s title unmarketable?
Under a real estate sales contract, does a mortgage necessarily render the seller’s title unmarketable?81A seller agreed to sell a property to a buyer. The valid land sales contract was silent about an easement held by a neighbor, which allowed the nei...
A seller agreed to sell a property to a buyer. The valid land sales contract was silent about an easement held by a neighbor, which allowed the neighbor to cross the property at any time of day by foot or car. The buyer was not put on notice of this easement. At closing, is title marketable?82Traditionally, is title acquired through adverse possession marketable?
Traditionally, is title acquired through adverse possession marketable?83Do some modern jurisdictions hold that title acquired by adverse possession can be marketable for purposes of the implied warranty of marketability?
Do some modern jurisdictions hold that title acquired by adverse possession can be marketable for purposes of the implied warranty of marketability?84An owner owned a property in fee simple absolute and believed that she still did. However, a squatter claimed to have acquired the property through...
An owner owned a property in fee simple absolute and believed that she still did. However, a squatter claimed to have acquired the property through adverse possession. The squatter never brought a quiet-title action against the owner to obtain a judicial declaration that the squatter had title to the property. The squatter entered into a sales contract to sell the property to a buyer. The contract stated that the squatter would convey good record title to the property at closing. At closing, will the squatter have materially breached the sales contract?85In general, if a buyer knows of a defect that will render title unmarketable, must the buyer inform the seller of the defect before the closing to ...
In general, if a buyer knows of a defect that will render title unmarketable, must the buyer inform the seller of the defect before the closing to be eligible for relief based on an unmarketable title?86May a buyer rescind a real estate sales contract if the seller cannot provide marketable title before the date set for closing?
May a buyer rescind a real estate sales contract if the seller cannot provide marketable title before the date set for closing?87If a seller fails to deliver marketable title because of an incurable title defect, and the buyer wishes to obtain specific performance, may the bu...
If a seller fails to deliver marketable title because of an incurable title defect, and the buyer wishes to obtain specific performance, may the buyer obtain specific performance with an abatement of the purchase price?88What is the doctrine of equitable conversion?
What is the doctrine of equitable conversion?89At what point in a real estate sale is a contract considered to be enforceable so as to give rise to equitable conversion?
At what point in a real estate sale is a contract considered to be enforceable so as to give rise to equitable conversion?90Upon equitable conversion, what form of title remains with the seller?
Upon equitable conversion, what form of title remains with the seller?91May the parties to a real estate sales contract agree as to which party will have possession of the property between the contract formation date an...
May the parties to a real estate sales contract agree as to which party will have possession of the property between the contract formation date and the closing date?92Upon equitable conversion, is the seller’s interest in the purchase price treated as real property or as personal property?
Upon equitable conversion, is the seller’s interest in the purchase price treated as real property or as personal property?93If a party to a real estate transaction dies between the occurrence of equitable conversion and the closing, must the deceased party’s personal rep...
If a party to a real estate transaction dies between the occurrence of equitable conversion and the closing, must the deceased party’s personal representative proceed with the closing?94In general, if equitable conversion has occurred, and the seller dies before closing, who is entitled to the purchase money?
In general, if equitable conversion has occurred, and the seller dies before closing, who is entitled to the purchase money?95In general, if equitable conversion has occurred, and the buyer dies before closing, who is entitled to the buyer’s equitable ownership of the prop...
In general, if equitable conversion has occurred, and the buyer dies before closing, who is entitled to the buyer’s equitable ownership of the property?96In the context of real property, what is exoneration?
In the context of real property, what is exoneration?97Absent contrary language in the agreement, what is the majority rule regarding who bears the risk of loss if property is damaged between the date t...
Absent contrary language in the agreement, what is the majority rule regarding who bears the risk of loss if property is damaged between the date the sale contract is executed and the closing date?98Does the doctrine of equitable conversion apply if a seller is in material breach of the sales contract when the destruction of the property occurs?
Does the doctrine of equitable conversion apply if a seller is in material breach of the sales contract when the destruction of the property occurs?99If equitable conversion places the risk of loss on the buyer between the contract date and closing date, what must the seller do with any insurance...
If equitable conversion places the risk of loss on the buyer between the contract date and closing date, what must the seller do with any insurance proceeds he or she receives to compensate for damage to the property during that period?100In a minority jurisdiction that places the risk of loss on the seller between the contract date and closing date, may the risk of loss nonetheless ...
In a minority jurisdiction that places the risk of loss on the seller between the contract date and closing date, may the risk of loss nonetheless shift to the buyer?101In a jurisdiction in which the seller bears the risk of loss between the contract date and closing date, if a property is damaged during this time,...
In a jurisdiction in which the seller bears the risk of loss between the contract date and closing date, if a property is damaged during this time, must the seller convey the property with an abatement of the purchase price?102In a jurisdiction in which the seller bears the risk of loss between the contract date and closing date, may the buyer rescind the sales contract i...
In a jurisdiction in which the seller bears the risk of loss between the contract date and closing date, may the buyer rescind the sales contract if the property is destroyed during that time?103A seller agreed to sell a property to a buyer, and the parties entered into a valid land sales contract. After the contract was executed, but befor...
A seller agreed to sell a property to a buyer, and the parties entered into a valid land sales contract. After the contract was executed, but before closing, the buyer died. In his will, the buyer left everything to his son. Does equitable conversion generally govern the disposition of the interests now that the buyer has passed?104A seller agreed to sell a property to a buyer. The agreement was properly memorialized in a valid land sales contract, which had a clause that put ...
A seller agreed to sell a property to a buyer. The agreement was properly memorialized in a valid land sales contract, which had a clause that put the risk of loss on the seller. Days after executing the contract, but prior to closing, a major hurricane caused two windows to break on the property. What are the seller’s responsibilities under the doctrine of equitable conversion?105What is a right of first refusal?
What is a right of first refusal?106Are rights of first refusal generally subject to the rules limiting restraints on alienation?
Are rights of first refusal generally subject to the rules limiting restraints on alienation?107Are rights of first refusal generally subject to the rule against perpetuities?
Are rights of first refusal generally subject to the rule against perpetuities?108What is an option to purchase real property?
What is an option to purchase real property?109Are options to purchase real property generally subject to the rules limiting restraints on alienation?
Are options to purchase real property generally subject to the rules limiting restraints on alienation?110Are options to purchase real property generally subject to the rule against perpetuities?
Are options to purchase real property generally subject to the rule against perpetuities?111Are options to purchase real property subject to the statute of frauds in some jurisdictions?
Are options to purchase real property subject to the statute of frauds in some jurisdictions?112In general, to exercise an option, must the optionee tender the purchase price?
In general, to exercise an option, must the optionee tender the purchase price?113In what manner must an optionee notify the optionor that the optionee intends to exercise the option?
In what manner must an optionee notify the optionor that the optionee intends to exercise the option?114At what point does equitable conversion occur under an option to purchase real property?
At what point does equitable conversion occur under an option to purchase real property?115Generally, are deadlines in option contracts strictly enforced?
Generally, are deadlines in option contracts strictly enforced?116An owner owned a property. A buyer was considering buying the property. The owner executed an option that enabled the buyer to buy the property for...
An owner owned a property. A buyer was considering buying the property. The owner executed an option that enabled the buyer to buy the property for $200,000, but the option did not mention a date on which the option would expire. In return, the buyer paid $5,000 for the option. Is this option to purchase the property invalid under the rule against perpetuities?117A buyer was potentially interested in purchasing a property. The owner of the property executed a valid option that enabled the buyer to purchase t...
A buyer was potentially interested in purchasing a property. The owner of the property executed a valid option that enabled the buyer to purchase the property for $100,000 at any point within six months in exchange for the buyer paying $2,000. The buyer planned to exercise the option five months after the owner executed it, but before he could do so, the property burned to the ground. Under the doctrine of equitable conversion, is the buyer the equitable owner of the property such that he bears the risk of loss to the property?118Under the traditional rule of caveat emptor, does a seller breach his or her duty to disclose by passively not disclosing material, latent defects ...
Under the traditional rule of caveat emptor, does a seller breach his or her duty to disclose by passively not disclosing material, latent defects in the property?119In residential real estate sales, do modern courts tend to impose a duty to disclose material defects instead of following caveat emptor?
In residential real estate sales, do modern courts tend to impose a duty to disclose material defects instead of following caveat emptor?120A seller agreed to sell a property to a buyer. The seller failed to disclose that there was hazardous black mold inside all the walls of the house,...
A seller agreed to sell a property to a buyer. The seller failed to disclose that there was hazardous black mold inside all the walls of the house, but her nondisclosure was not the product of fraudulent misrepresentation or fraudulent concealment. Is the seller liable for not disclosing the mold?121What are the elements of fraudulent misrepresentation with respect to the sale of realty?
What are the elements of fraudulent misrepresentation with respect to the sale of realty?122Under the law of fraudulent misrepresentation, is a buyer of real property generally justified in relying on the seller’s representations about the...
Under the law of fraudulent misrepresentation, is a buyer of real property generally justified in relying on the seller’s representations about the condition of the property?123What is fraudulent concealment with respect to the sale of realty?
What is fraudulent concealment with respect to the sale of realty?124What is the implied warranty of quality and workmanship?
What is the implied warranty of quality and workmanship?125In general, is the implied warranty of quality and workmanship limited to sellers who are in the business of selling new housing?
In general, is the implied warranty of quality and workmanship limited to sellers who are in the business of selling new housing?126An engineer purchased a 10-acre piece of unimproved land. Over the next two years, she built herself a new house on the premises. The engineer perf...
An engineer purchased a 10-acre piece of unimproved land. Over the next two years, she built herself a new house on the premises. The engineer performed all the building work herself, on weekends and on weekdays after coming home from her full-time job. Just before moving into her new house, she took a job across the country and sold the property. One year after moving into the house on the property, the buyer noticed that all the pipes in the house were gradually beginning to leak. If the buyer decides to sue the engineer for violation of the implied warranty of quality and workmanship, will his suit be successful?127What is the measure of damages for breach of the implied warranty of quality and workmanship?
What is the measure of damages for breach of the implied warranty of quality and workmanship?128In general, may the implied warranty of quality and workmanship be asserted by a homeowner who is not the original buyer of the home?
In general, may the implied warranty of quality and workmanship be asserted by a homeowner who is not the original buyer of the home?129Do some courts allow a vendor of new housing to disclaim the implied warranty of quality and workmanship?
Do some courts allow a vendor of new housing to disclaim the implied warranty of quality and workmanship?130What is the merger doctrine with respect to land sales contracts?
What is the merger doctrine with respect to land sales contracts?131Does the merger doctrine preempt a material mistake made by both seller and buyer regarding the duty to provide marketable title?
Does the merger doctrine preempt a material mistake made by both seller and buyer regarding the duty to provide marketable title?132After closing, under what circumstances can the merger doctrine be defeated?
After closing, under what circumstances can the merger doctrine be defeated?133A seller agreed to sell a property. After closing, the buyer discovered the existence of a profit a prendre burdening the property. Before closing,...
A seller agreed to sell a property. After closing, the buyer discovered the existence of a profit a prendre burdening the property. Before closing, the buyer had no notice of the profit, which enabled the owner of the adjacent dominant estate to mine for coal under the property. Notwithstanding any potential warranties in the deed, does the buyer have a legal claim to enforce the seller’s duty to provide marketable title under the land-sales contract?134A seller agreed to sell a property to a buyer. After the parties signed the land-sales contract, but prior to closing, the buyer discovered an unde...
A seller agreed to sell a property to a buyer. After the parties signed the land-sales contract, but prior to closing, the buyer discovered an undesirable easement burdening the property. The buyer informed the seller of his knowledge of the easement and reminded the seller of her duty to provide title that is free of all encumbrances at closing. On the scheduled closing date, the seller informed the buyer that the easement still exists. May the buyer and seller agree that the seller’s promise to remove the easement will survive the merger of the land-sales contract into the deed?135Under the statute of frauds, what are the three requirements for an enforceable sales contract concerning real property?
Under the statute of frauds, what are the three requirements for an enforceable sales contract concerning real property?136In the context of a real estate transaction, the implied warranty of marketability is essentially the ________ promise to deliver ________ at closi...
In the context of a real estate transaction, the implied warranty of marketability is essentially the ________ promise to deliver ________ at closing that is free from ________ other than those the buyer agrees to accept.137In a real estate transaction, what are the buyer’s and seller’s property interests after the equitable conversion that occurs upon the execution of...
In a real estate transaction, what are the buyer’s and seller’s property interests after the equitable conversion that occurs upon the execution of an enforceable sales contract?138Under the modern trend, a seller of residential property is required to disclose defects that meet what three criteria?
Under the modern trend, a seller of residential property is required to disclose defects that meet what three criteria?139What is the merger rule for sales contracts concerning real property?
What is the merger rule for sales contracts concerning real property?