somuchbooty wrote:Something that is bothering me, but I just want to confirm here, is that when the questions ask if you can sue on breach of contract for not delivering marketable title, and the answer is always 'You can not sue on breach of contract, because her contract obligations as to title merged into the deed,' is it basically just the word choice using 'breach of contract?' I mean, I assume you can sue on the deed, it just annoys me when questions assume that someone is bringing an invalid claim when there is a valid one. Dumb rant probably, but from the %'s it seems like people usually miss that question.
The implied covenant of marketable title is only implied in the K for the sale, once closing has happened, the covenant is extinguished and you cannot sue to enforce it. The deed may or may not contain present and future covenants that can be enforced, but that's not a breach of K action.
Sorry if you already know all this and I'm just blabbing.