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MMLU / Two brothers owned a parcel of real estate as joint tenants. Both brothers…

Problem

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question

Two brothers owned a parcel of real estate as joint tenants. Both brothers signed a deed as grantors conveying the land to the buyer. The first brother handed the deed to the second brother with instructions to take the deed to their lawyer for approval prior to delivery. Brother two, without his brother's permission, took the deed directly to the buyer and collected the sale price. Is this a good deed as to partner one?

choices

  1. No, the deed cannot bind partner one because he did not participate in the deed delivery to the buyer and did not intend to deliver the deed up to the grantee at that time.
  2. Yes, the transfer is valid from both partners because partner two was partner one's apparent agent for purposes of delivering the deed.
  3. Yes, the deed was signed by both partners, which proved their intent to sell to buyer, and it was delivered at the time of signing by the fact of affixing their signatures to the document.
  4. No, the deed was invalid as to both grantors because partner two stepped outside his scope of authority.

subject

professional_law

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Source and history

task_id
e5593aa0-0650-52f9-a5c8-e9db7d2c9364
task_key
all--test--e5593aa0-0650-52f9-a5c8-e9db7d2c9364
task_revision_id
1
config / split
all / test

Official source

initial import