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Claim for Breach of Purchase Agreement is Extinguished by Acceptance of Deed

In Cook v. Wilson (2006), 165 Ohio App. 3d 202, the Tenth District Court of Appeals found that the buyer of real property had no claim against the seller after the buyer had accepted the deed to the property. Citing the well-established doctrine of merger, the Court held that the buyer's claims for breach of the purchase contract did not survive the acceptance of the deed. While the doctrine of merger is an ancient one, this case serves as a reminder that it can still alter purchase agreements in ways the parties may not have intended. Special care must be taken if the terms of a real estate purchase agreement are meant to survive beyond the transfer of the deed.

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This page contains a single entry from the blog posted on May 1, 2006 5:56 PM.

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