Deed Covenants Substitute For Marketable Title
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
22055_hannah_farm_jt_marketable · REAL_PROPERTY · Choice ANo, because the devise in Timothy's will gave interests in the farm to Lydia, Lydia's daughters, and any children of Lydia's daughters.
Why it's attractive
Timothy's will is elaborate and scary-looking. But Timothy was a joint tenant. JT survivorship made the devise inoperative — Timothy had no devisable interest. The will created no valid claims.
Why it's wrong
Timothy's will is elaborate and scary-looking. But Timothy was a joint tenant. JT survivorship made the devise inoperative — Timothy had no devisable interest. The will created no valid claims.
22055_hannah_farm_jt_marketable · REAL_PROPERTY · Choice BNo, because a title derived from a quitclaim deed is unmarketable.
Why it's attractive
Quitclaim deeds convey the grantor's actual interest — if Philip holds fee simple absolute, Mary receives fee simple absolute. The deed form doesn't degrade the quality of what is conveyed.
Why it's wrong
Quitclaim deeds convey the grantor's actual interest — if Philip holds fee simple absolute, Mary receives fee simple absolute. The deed form doesn't degrade the quality of what is conveyed.
22055_hannah_farm_jt_marketable · REAL_PROPERTY · Choice DYes, because Mary's tender of a general warranty deed gave Esther sufficient protection, even if Mary's title was unmarketable.
Why it's attractive
A general warranty deed doesn't require a buyer to accept unmarketable title. If title were unmarketable, Esther shouldn't have to take a lawsuit. The deed form doesn't determine whether title is marketable.
Why it's wrong
A general warranty deed doesn't require a buyer to accept unmarketable title. If title were unmarketable, Esther shouldn't have to take a lawsuit. The deed form doesn't determine whether title is marketable.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →