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CHAPTER 24

Post-Closing Title Assurances

    MERGER DOCTRINE

The sales contract controls the relationship between the buyer and seller during the executory period, but traditionally, the contract's provisions are no longer enforceable after closing: The contract's provisions for the transfer of title are said to merge into the deed (now the parties might more appropriately be called grantor and grantee) and the buyer's rights were limited to those warranties or covenants contained in the deed or other document transferring the title. Warranties are the grantor's promises either that certain facts are true as of closing, or that the grantor will remedy the problem or pay damages if a third party successfully asserts an undisclosed encumbrance on the title to the property.

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