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Examples of title defects include: Liens on the property for unpaid child or spousal support, repair work, or other debt. Unresolved boundary or property survey disputes. Undisclosed owners, missing heirs, or conflicting wills.
Under the UCC, the primary obligation of a buyer of goods is to pay for the goods. The general rule is that the buyer must accept and pay for the goods when the seller has deliveredor, to use more technical language, tendered delivery ofthe goods.
10 Common Title Problems Errors in public records. To err is human, but when it affects your homeownership rights, those mistakes can be devastating. Unknown liens. Illegal deeds. Missing heirs. Forgeries. Undiscovered encumbrances. Unknown easements. Boundary/survey disputes.
Here are some reasons why a homeowner might get stuck with a defective property title: Break in the chain of title. Encumbrances. Conditional ownership. Multiple buyers. Rediscovered Will. False impersonation or forgery. Survey disputes.
The buyers main duties are simple: payment of the purchase price and acceptance of delivery. Contemporary legal systems are no longer concerned with enforcing a just price.
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Real Estate. Contingency provisions, or if clauses, are those conditions in real estate contracts that must come to pass before a sale closes. If the conditions do not occur, the sale will likely not occur unless the parties can negotiate a different agreement that resolves the issue.
Key Takeaways. A defective title is a title that is impaired with a lien, mortgage, judgment, or another claim. Defective titles are considered unmarketable, so the asset in question cannot be transferred or sold legally. Any encumbrances on a defective title must be cleared before the owner can sell the asset.
If a subject to clause is in the contract, the seller commits to that buyer for a period of time and cannot accept any other offers during that time period.
A defect in title is an interference in the vendors ability to perform their obligation to transfer the title under the Contract, being the subject matter of the sale (including the improvements).
The general duty of the buyer is this: inspection, acceptance, and payment.

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