Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Gary and Jean, a married couple, own property in Charleston. On August 1, they enter into a contract to sell the property to Katie and

  1. Gary and Jean, a married couple, own property in Charleston. On August 1, they enter into a contract to sell the property to Katie and Andrew for price of $600,000 and undertake to convey good and marketable fee simple title to the property by delivery of a warranty deed at a closing to be held November 1.On August 10, Gary and Jean take out a 60-day loan in the amount of $100,000 secured by a mortgage against the property.Katie and Andrew learn about the loan on August 15 and object in writing to the placing of the mortgage lien against the property.They insist that the action by Gary and Jean is improper because, as sellers, they have already contracted away the ability to deal further with the property.Gary and Jean respond by saying that Katie and Andrew are wrong.Which party is correct and why?
  2. Assume that only Gary signed the contract of sale with Katie and Andrew on August 1. Jean was out of town that weekend and did not find out about Katie and Andrew until a week later.On October 12, during the contract period, a major business from the northeastern US announces that it will relocate to the Charleston area and that it expects tohire 3,000 new employees.

This news drives the price of housing up and Gary realizes that their home is now worth $900,.000.On October 30, Gary sends a notice to Katie and Andre3w stating, "My wife, Jean, refuses to sign off on the contract and likewise as to any deed, thus I will not be able to go any further with the discussions we have been pursuing concerning the sale of my home, unless, of course, you are willing to increase your offer price to $900,000"Katie and Andrew are shocked when they receive this note.Are Gary and Jean permitted to do this?.Will they have to pay damages? Can Katie and Andrew specifically enforce the contract?If Gary and Jean can escape an obligation under the agreement, how might a buyer reduce the risk of a similar loss in a future deal?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law Express Contract Law

Authors: Emily Finch, Stefan Fafinski

6th Edition

1292210125, 978-1292210124

More Books

Students also viewed these Law questions

Question

Calculate UTX's current and quick ratios for each year 2010-2012.

Answered: 1 week ago

Question

Do not come to the conclusion too quickly

Answered: 1 week ago

Question

Engage everyone in the dialogue

Answered: 1 week ago