Seller entered into a valid written contract with Buyer for the sale of land. The contract provided
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Question:
- Seller entered into a valid written contract with Buyer for the sale of land. The contract provided Seller was to deliver marketable title. Prior to closing, Buyer learned Tim had been in possession, of the land for 20 years and that he had paid no rent and entered into no agreement with Seller. Upon learning this Buyer has refused to accept the deed tendered by Seller on the grounds that Seller's title is not marketable. Buyer has demanded the return of his deposit. Seller refused to return the deposit and demands Buyer to accept the deed. Seller brings an action against Buyer. The court will find for:
- Buyer, but only if Tim has complied with all the requirements for acquiring title by adverse possessors.
- Buyer if there is doubt about whether Tim has acquired title by adverse possession.
- Seller, unless Tim is successful in an action to quiet title to the land.
- Seller, if he is ready, willing and able to furnish Buyer with a policy of title insurance that specifically insured against claims of adverse possessors.
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