Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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.

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_2

Step: 3

blur-text-image_3

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

Business Intelligence

Authors: Efraim Turban, Ramesh Sharda, ...more

2nd Edition

013610066X, 9780136100669

More Books

Students also viewed these General Management questions

Question

How does international marketing differ from domestic marketing?

Answered: 1 week ago

Question

What is a verb?

Answered: 1 week ago