Question
Sarah was looking for a house and saw Barry's house for sale for $350,000. She was shown the house, which had a well-equipped gym (bench,
Sarah was looking for a house and saw Barry's house for sale for $350,000. She was shown the house, which had a well-equipped gym (bench, barbells, dumbbells, treadmill, stationary bike, etc.) and she loved it. She offered Barry $325,000. Barry countered with $345,000. She replied that she would go for it, but only if Barry included all the gym equipment. Barry agreed. She signed the contract, provided $30,000 earnest money (down payment) and the closing was scheduled. However, on the day of the closing, Sarah did a walk-through and discovered the gym equipment was gone. At the closing, she refused to pay unless the gym equipment was provided. Barry explained that the movers came when he was not present and must have taken it, but then Barry's sister Esther (who was visiting and had completed BUAD 201) pointed out (correctly) that the contract did not include the gym equipment, and the contract had a merger clause; so even though that was not Barry's intent, Sarah was out of luck and had to buy the house even without the equipment. Sarah said "Forget it, you are dishonest- I'm out!" and left. Barry sued Sarah and Sarah countersued. For the following, respond and explain: a.Assume Barry's position was that he would keep the $30,000 and that it would settle the action, and of course, Sarah sued to recover the $30,000. What would Barry's justification be to keep it? b. Assume the same facts as in "a"- would it matter if Barry sold the house two weeks later for $360,000? Would a court permit Barry to keep the money? c. Assume the same facts as in "a"- would it matter if Barry sold the house two weeks later for $310,000? Would a court permit Barry to keep the money? d. What types of remedies wouldSarah be seeking? Explain all the possibilities. e. What would be the result in court? Was there a valid contract? Explain fully.
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