Encumbrance Reflex
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
14916_sonoma_vineyard_waiver · REAL_PROPERTY · Choice BYes, because the seller did not give notice of the easement a reasonable time before the closing date.
Why it's attractive
Daniel did not object — he said he'd close 'notwithstanding' the easement. The notice-and-cure clock never started.
Why it's wrong
Daniel did not object — he said he'd close 'notwithstanding' the easement. The notice-and-cure clock never started.
14916_sonoma_vineyard_waiver · REAL_PROPERTY · Choice CNo, because the easement renders the seller's title unmarketable.
Why it's attractive
True premise, false conclusion. The covenant is for the buyer's benefit; the seller can't use it as a defense. Daniel has waived.
Why it's wrong
True premise, false conclusion. The covenant is for the buyer's benefit; the seller can't use it as a defense. Daniel has waived.
14916_sonoma_vineyard_waiver · REAL_PROPERTY · Choice DNo, because rights of third parties are unresolved.
Why it's attractive
The third party's rights are not contingent or in dispute. The exam question is the buyer's remedy against the seller, not the third party's standing.
Why it's wrong
The third party's rights are not contingent or in dispute. The exam question is the buyer's remedy against the seller, not the third party's standing.
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