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Aaron contracted to selland Bruce contracted to purchase ThreeAcre. At the time the contract was made, nothing was stated (either orally or in the contract
Aaron contracted to selland Bruce contracted to purchase ThreeAcre. At the time the contract was made, nothing was stated (either orally or in the contract itself) as to what kind of title Aaron promised to convey. Prior to closing, Bruce went to the office of the County Recorder of Deed and conducted a title search on ThreeAcre. Bruce discovered that there was an outstanding lien on the property in favor of Lucy for $100,000. Bruce meets Aaron at the place and time appointed for closing in the contract, but Bruce refuses to tender Aaron the agreed upon purchase price because of the outstanding lien. Aaron produces both a deed to ThreeAcre and a document releasing the lien signed by Lucy. Bruce still refuses to close. If Aaron sues Bruce, is Aaron entitled to specific performance? Answers: A - D A Yes, because Aaron was prepared to convey clear/marketable title at the time specified in the contract for closing. B Yes, because nothing was said in the contract regarding title quality. C No, because Aaron had "unclean hands" in that he signed the contract without having clear title to ThreeAcre at the time he signed. D No, because nothing was said about title quality in the contract and the contract is thus voidable on the grounds of mistake
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