Because He Was New to the City, Pierce Was Looking

question 4

Multiple Choice

Because he was new to the city, Pierce was looking for a house to buy.After seeing an "Open House" sign on the lawn of a lovely bungalow, he stopped and took a tour through the property.Just as Pierce got to the backyard, Quincy (the owner) pointed at the in-ground pool and said, "We are, of course, taking that with us." Pierce laughed.He laughed alone, but he simply assumed that Quincy has a very dry sense of humour.Impressed with what he saw, Pierce bought the house.When the sale closed and Pierce took possession, however, he was horrified to discover that the backyard consisted of a huge excavation site.The pool was gone.It seems that Quincy wasn't joking after all.Which of the following statements is most likely to be TRUE?

• A)Pierce was entitled to the pool because it was a fixture.
• B)Quincy was entitled to the pool as long as he removed it before he sold the house.
• C)Quincy was entitled to the pool as long as he reduced the price of the house accordingly.
• D)Pierce has no right to damages because of the rule of caveat emptor.
• E)Quincy was entitled to the pool unless Pierce can prove that he intended to abandon it.

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