Jimbo Signs a Real Estate Contract with Nelson in Which

question 10

Multiple Choice

Jimbo signs a real estate contract with Nelson in which he promises to provide evidence of a marketable title at the closing.At the closing, Jimbo fails to provide it, but Nelson, anxious to move into his new home, completes the transaction anyway.The deed did not mention any duties or covenants, including a duty to provide evidence of marketable title.Later, it is discovered that Nelson's land is subject to an unrecorded easement that seriously diminishes the property's value.In this situation:

• A)Jimbo must pay Nelson damages since he did not deliver a marketable title.
• B)Nelson can successfully sue for a breach of the implied warranty of habitability since the land is not as habitable as he thought it would be.
• C)Under the "merger rule," Jimbo's promise merged with the deed and so now only the provisions contained in the deed are binding on the parties.
• D)Jimbo's promise would be unenforceable under most states' Marketable Title Acts.

---

Definitions:

Precipitation

The process by which water vapor in the atmosphere condenses into droplets or ice crystals that fall to the Earth's surface, contributing to the hydrological cycle.

Evaporation

The process by which water is transformed from a liquid to a gas or vapor state, often contributing to the hydrologic cycle by removing moisture from bodies of water, soil, and other surfaces.

Granite Bedrock

The solid rock layer under the soil composed primarily of granite, a coarse-grained igneous rock consisting mainly of quartz, mica, and feldspar.

Spheroidal Weathering

A form of mostly chemical weathering in which concentric or spherical shells of decayed rock are successively separated from a block of rock.