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Question 89. A buyer entered into a valid written contract with a seller to purchase vacant land. Unbeknownst to the seller, the buyer planned to

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Question 89. A buyer entered into a valid written contract with a seller to purchase vacant land. Unbeknownst to the seller, the buyer planned to construct a gas station on the land. The contract provided that the buyer could rescind the contract if the seller failed to deliver marketable title. After a title search, the buyer discovered that a restrictive covenant prohibited using the land for commercial purposes. The buyer had not had actual knowledge of the restrictive covenant before executing the contract. The buyer refused to close on the contract, and the seller has sued for specic performance. Should the seller prevail? (A) No, because the restrictive covenant rendered the title unmarketable. (B) No, because the seller was required to deliver perfect title to the buyer. (C) Yes, because the restrictive covenant did not render the title unmarketable. (D) Yes, because the seller was unaware of the buyer's plans to construct a gas station

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