Lucas Offered to Purchase Baker's Snowmobile If He Could Arrange

question 32

True/False

Lucas offered to purchase Baker's snowmobile if he could arrange a loan with the bank for the funds. Lucas and Baker signed a written purchase agreement which did not mention the fact that Lucas did not have the necessary funds in his possession. If Baker claimed against Lucas for breach of the contract, Lucas could raise the agreement concerning the need for a bank loan as a collateral agreement, allowing him to avoid the contract.

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Definitions:

Original Mortgagor

is the initial borrower who takes out a mortgage loan secured by the property being mortgaged.

Hypothec

A legal term primarily used in civil law jurisdictions to describe a right or security interest granted over an asset to secure the repayment of a debt without transferring title.

Fee

A payment made to a professional or an organization in exchange for services or advice.

Covenant

A formal, written agreement or promise between two or more parties, often featuring in contracts or real estate transactions.