Contract Controls Over Deed
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
22019_cedar_ridge_heat_covenant · REAL_PROPERTY · Choice ANo, because the agreement to purchase heat did not touch and concern Naomi's land.
Why it's attractive
Touch and concern decides successor liability, not the promisor's own contract.
Why it's wrong
Touch and concern decides successor liability, not the promisor's own contract.
22019_cedar_ridge_heat_covenant · REAL_PROPERTY · Choice BNo, because Paul did not sign the deed.
Why it's attractive
Paul signed the written contract; a grantee is bound by accepting the deed without signing.
Why it's wrong
Paul signed the written contract; a grantee is bound by accepting the deed without signing.
22019_cedar_ridge_heat_covenant · REAL_PROPERTY · Choice DYes, because a discrepancy between a contract for the sale of realty and a conveyance is resolved by looking to the contract.
Why it's attractive
There is no contract/deed discrepancy here, and the deed controls if there were.
Why it's wrong
There is no contract/deed discrepancy here, and the deed controls if there were.
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