□ x
Q.1.
□ The seller has no obligation to deliver a marketable title and has no obligation to deliver a good record title.
The seller is obligated to deliver both a marketable title and a good record title.
The seller is obligated to deliver a marketable title, but is not obligated to deliver a good record title.
□
Q. 2.
Q.3.
The seller is not obligated to deliver a marketable title, but is obligated to deliver a good record title.
-
-
MT is always implied unless expressly disclaimed
RT is never implied; it must be expressed to exist
□
X
□
□
The seller has no obligation to deliver a marketable title and has no obligation to deliver a good record title.
The seller is obligated to deliver both a marketable title and a good record title.
The seller is obligated to deliver a marketable title, but is not obligated to deliver a good record title.
The seller is not obligated to deliver a marketable title, but is obligated to deliver a good record title.
Q. 4.
Q.5.
□ The seller’s proffered title does not violate his requirement to deliver a marketable title and does not violate his requirement to deliver a good record title.
□
The language clearly expresses the obligation that seller deliver both marketable and record title
□
The seller’s proffered title violates his requirement to deliver a marketable title and violates his requirement to deliver a good record title.
The seller’s proffered title does not violate his requirement to deliver a marketable title but does violate his requirement to deliver a good record title.
X The seller’s proffered title violates his requirement to deliver a marketable title but does not violate his requirement to deliver a good record title.

Q. 6.
- No violation of RT: can only look at Registry & encroachment won’t appear there
-
Q.7.
X The seller’s proffered title does not violate his requirement to deliver a marketable title and does not violate his requirement to deliver a good record title.
□
Violation of MT: get to look outside Registry (including a plan) to determine unmarketability
The seller’s proffered title violates his requirement to deliver a marketable title and violates his requirement to deliver a good record title.
□
□
The seller’s proffered title does not violate his requirement to deliver a marketable title but does violate his requirement to deliver a good record title.
The seller’s proffered title violates his requirement to deliver a marketable title but does not violate his requirement to deliver a good record title.
Q. 8. In Mass. zoning is unrelated to marketable title and cannot ever cause unmarketable title.
Q.9.
□
□
The seller’s proffered title does not violate his requirement to deliver a marketable title and does not violate his requirement to deliver a good record title.
The seller’s proffered title violates his requirement to deliver a marketable title and violates his requirement to deliver a good record title.
□
X
Q. 10.
The seller’s proffered title does not violate his requirement to deliver a marketable title but does violate his requirement to deliver a good record title.
The seller’s proffered title violates his requirement to deliver a marketable title but does not violate his requirement to deliver a good record title.
In Multistate law, the violation of an existing zoning law creates unmarketable title. This was the violation of an existing zoning law; structure located within 10 feet of setback.
Q. 11.
Q. 12.
X YES □ NO
The Buyer waives all claims of unmarketable title unless s/he raises them prior to accepting delivery of the deed.

Q. 13.
Q. 14.
□ The buyer will prevail X The seller will prevail
The Buyer waives all claims of unmarketable title unless s/he raises them
prior to accepting delivery of the deed.
Q. 15. □ YES
Q. 16.
X NO
Death does not terminate a P & S unless both parties agree.
Q. 17. □ YES X NO
Q. 18. The $300,000 will have to be used to satisfy the purchase obligations under the P
& S because there was no mortgage contingency clause (and because a bank wouldn’t give a mortgage to a dead person in any event). Then the real estate will
pass to H because equitable conversion makes the buyer’s interest real estate.
Q. 19.
Q. 20.
Q. 21.
Q. 22.
□ The buyer will prevail
X YES □ NO
X The seller will prevail
In Multistate law, upon equitable conversion the risk of loss passes to the
buyer. Buyer must purchase without any deduction.
Q. 23.
Q. 24.
The contract essentially abrogates the equitable conversion doctrine by expressly keeping the risk of loss on the seller; he must deliver in the same condition (which he didn’t do here).
X YES □ NO
Massachusetts doesn’t follow the multistate rule of equitable conversion.
Instead, the risk of loss remains with the seller unless the buyer takes possession.