3. Identify any defenses to enforcement that any of the parties may have and against whom they would be asserted, and whether those defenses would be successful and why. Case Study Scenario: Jon D'Man grew up in a small town in eastern Oregon. Jon played sports and was good enough to carn a scholarship in baseball to his favorite university in Utah. Marsha Mello grew up in New York City, as a Manhattenite. Although growing up in New York had its advantages, she longed to see the wide open spaces of the western United States, and she applied to the same university in Utah that Jon was attending. Marsha was a big fan of baseball and loved attending games to support her school. She fell in love with the star player, Jon. One fateful game Jon was sliding into third and caught a spike and core the ligaments in his knee and ankle. This accident ended his professional dreams at the young age of 17. Jon and Marsha decided they would get married in four (4) years when they graduated. Jon had a settlement from his injury and a good-paying, part-time job. Marsha had a large inheritance from her grandmother, to be used only for educational related expenses. They decided to buy a home together even though Jon was only 17 and Marsha was 21. But they wondered what they needed to do to buy a home. Jon and Marsha were both accounting students and were taking a wonderful Business Law class together from a wonderful professor-the same one you now have. They had a limited knowledge of contracts, but they knew they should employ a Real Estate Agent to facilitate their purchase. They called a local hot-shot realtor to help them find the perfect property to start their life together. After much searching, they found 2 3 bedroom 2 bath home on a nice cul-de-s8c in a quiet, newer neighborhood on the outskirts of town. They sat down with their Agent to fill out their offer to purchase on a Utah Real Estate Purchase Contract (REPC). They discussed the home and its amenities. They loved the fact that the home had an outdoor, portable hot tub under the stars. It could be easily moved under cover into the carport in bad weather. They also loved the appliances that were in the kitchen. They particularly loved the 6-burner, Maytag gas range. They decided to ask for them to be included in the purchase price. The home was listed on the Multiple Listing Service (MLS) for which seemed to be a little high price. The home was listed on the Multiple Listing Service (MLS) for which seemed to be a little high for the neighborhood. Jon and Marsha decided to offer $207,000 with the seller paying 3% towards closing costs and for tidle insurance and for property taxes and for needed repairs. Jon signed the REPC on the line for the Buyer (see Page. 6). In paragraph 25 of the REPC, Jon put the time for acceptance as 12 PM, 25 February 2011. The REPC said on P.1 that the BUYER had included a post-dated check for $5,000. The broker marked the box "delivered" even though Marsha did not have her check book with her. She promised the agent that she would bring it to him ASAP. I Buyer's Broker delivered the REPC to Seller's Broker, through a sales agent on the day after the REPC was completed by Jon and Marsha. Jon and Marsha had specifically marked the applicable boxes on page #1. Paragraph 1.2 for the washer, the dryer, the frig, the water softener, and the security system. They also marked the required boxes throughout the REPC. NOTE #1 TO STUDENTS You will want to read the REPC and the two addenda and ask questions as the different sections of the REPC are covered in the related chapters of the text book. Seller received the offer on the 21 February 2011 Seller marked accent with the following conditions. Buvers' will have one day to accept Seller marked, I accept with the following conditions. Buyers' will have one (2) day to accept terms contained in Addendum #1. See ADDENDUM #1: Seller returned REPC with Addendum #1 to Buyer's Broker. Jon marked, I accept on Addendum #1 with the following conditions. See ADDENDUM #2 Jon had his acceptance notarized the next day and gave it to his Broker, who gave it to the Seller's Broker. Seller's Broker got busy and distracted, and he forgot to give it to the Seller until 10 AM. Broker reminded Seller that she only had until 12 AM to respond. Seller said that was ok, because she would put it in the mail by 11 PM, and that would be the time of acceptance. (She knew the mailbox rule) She mailed the acceptance at 10:15 PM. She immediately had seller's I remorse and changed her mind. She called the Buyer at 12:30 AM and said on her answering machine, "I reject your offer. The deal is off. I will not sell my home at any price." The BUYERS had not yet received SELLER'S acceptance Right after Buyers had mailed their last offer to Seller, but before seller had mailed an acceptance (sec addendum #2), UB Flash announced it was building just down the road from Seller's house. Because of this announcement, the value of the Seller's house jumped $100 K. Marsha heard abour UB Flash's plans and quickly called Seilee's Broker on the phone and told him that she would Right after Buyers had mailed their last offer to Seller, but before seller had mailed an acceptance (see addendum #2), UB Flash announced it was building just down the road from Seller's house. Because of this announcement, the value of the Seller's house jumped $100 K. Marsha heard about UB Flash's plans and quickly called Seiler's Broker on the phone and told him that she would like to accepted seller's offer on seller's terms (see Addendum #1). She told Seller's Broker she could close by 15 April 2011. Seller's Broker was way excited to make a sale. And without contacting seller, Seller's Broker told Buyer, "I accept your offer. You have just bought yourselves a house." Marsha said, "Fantastic. I've got all the money for the house in a trust." That same day, Buyer #2 who is an undisclosed agent for UB Flash, offers the Seiler over the phone $300K cash with no conditions, as is, close in 10 days. Buyer #2 promises a $20,000 non- refundable earnest money with the oral offer. Seller does not know of her Agents actions with Marsha; therefore, she, the Seller, promises to sign the REPC as soon as buyer #2 mails it to her. She tells buyer #2, "I accept with no reservations or conditions Jon learns of seller's intent to sell to Buyer #2 and sues to enforce his rights under his REPC