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MMLU / For many months, a buyer had been negotiating with a man for the purchase of a…

Problem

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question

For many months, a buyer had been negotiating with a man for the purchase of a tract of land. Finally, on August 18, 2009, the buyer and the man entered into a real estate sales contract that provided in part:"I, (the man), agree to convey good and marketable title to (the buyer) 60 days from the date of this contract. " The stated purchase price for the tract was$175,000. On October 11, 2009, the buyer phoned the man and told him that his title search indicated that a third party, not the man, was the owner of record of the property. The man responded that, notwithstanding the state of the record, he had been in adverse possession for 21 years. The statutory period of adverse possession in this jurisdiction is 20 years. The next day the buyer conducted an investigation that revealed that the man had, in fact, been in adverse possession of the tract for 21 years. At the time set for closing, the man tendered a deed in the form agreed in the sales contract. The buyer, however, refused to pay the purchase price or take possession of the tract because of the man's inability to convey "good and marketable title. "In an appropriate action by the man against the buyer for specific performance, the vendor will

choices

  1. prevail, because he has obtained "good and marketable title" by adverse possession.
  2. prevail, because the man's action for specific performance is an action in rem to which the third party is not a necessary party.
  3. not prevail, because an adverse possessor takes title subject to an equitable lien from the dispossessed owner.
  4. not prevail, because the buyer cannot be required to buy a lawsuit even if the probability is great that the buyer would prevail against the man.

subject

professional_law

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Source and history

task_id
2972ec89-fb2d-5dd6-ba7c-3de3095005ad
task_key
all--test--2972ec89-fb2d-5dd6-ba7c-3de3095005ad
task_revision_id
1
config / split
all / test

Official source

initial import