Author Topic: Opening Arguments #TTTBE  (Read 23304 times)

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Online CarbShark

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Re: Opening Arguments #TTTBE
« Reply #345 on: March 17, 2019, 10:14:50 AM »
A


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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #346 on: March 17, 2019, 11:51:44 AM »
I am guessing A
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Re: Opening Arguments #TTTBE
« Reply #347 on: March 17, 2019, 02:38:07 PM »
B and C are clearly wrong. I want the answer to be A, but I hesitate to eliminate D.  I think it will turn on what the understanding between the developer and the purchaser of Lot 1 was at the time of sale; if the understanding between the two was that it would be residential-only under the existing zoning laws, it might be that the the restriction will be enforced upon Lot 1.

But I’m going to go with A.
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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #348 on: March 17, 2019, 07:31:07 PM »
A seems, to me, to be the fairest answer.
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Re: Opening Arguments #TTTBE
« Reply #349 on: March 17, 2019, 08:25:05 PM »
A seems, to me, to be the fairest answer.

Indeed it does, at least to the libertarian-minded.  I fear that this may be a case, though, where the law does not exactly seem fair.  I hope you’re wrong, though.
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Online CarbShark

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Re: Opening Arguments #TTTBE
« Reply #350 on: March 17, 2019, 09:35:45 PM »
B and C are clearly wrong. I want the answer to be A, but I hesitate to eliminate D.  I think it will turn on what the understanding between the developer and the purchaser of Lot 1 was at the time of sale; if the understanding between the two was that it would be residential-only under the existing zoning laws, it might be that the the restriction will be enforced upon Lot 1.

But I’m going to go with A.

It seems so easy I'm worried it's a trick question.

The thing is in real estate, an understanding doesn't carry much weight. It needs to be in writing.
« Last Edit: March 18, 2019, 01:17:09 AM by CarbShark »
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Re: Opening Arguments #TTTBE
« Reply #351 on: March 18, 2019, 12:36:55 PM »
I think it will be a or b. It just comes down to what has more weight. Contract law or zoning law.
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Re: Opening Arguments #TTTBE
« Reply #352 on: March 18, 2019, 07:14:38 PM »
Answer to #118


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Re: Opening Arguments #TTTBE
« Reply #353 on: March 18, 2019, 08:00:29 PM »
Indeed, doing research it seems that if the lots were sold at roughly the same time and with the understanding that they would be restricted to residential use but the covenant were inadvertently left off the contract and deed for one lot, a common scheme argument might be made to enforce the restriction upon the owner of the lot.
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Re: Opening Arguments #TTTBE
« Reply #354 on: March 23, 2019, 05:15:48 PM »
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Re: Opening Arguments #TTTBE
« Reply #355 on: March 23, 2019, 05:24:21 PM »
I have no idea because I am not familiar with some of the reasons given in the answers. I would have to look all of them up and I'm not sure that is within the spirit of the test. (If you were taking the test you would not be able to research the answer.) Now just looking at it logically, if the terms of the sale were changed from the past then I would think that they should have been brought up before the transaction took place. I do not know if a sale must follow with past instances. If the sale is not tied with past practices then I do not know what "Parole evidence rule" is. So it would be a toss up among those two.

What do you all think?
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Online CarbShark

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Re: Opening Arguments #TTTBE
« Reply #356 on: March 23, 2019, 05:51:10 PM »
B.


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Re: Opening Arguments #TTTBE
« Reply #357 on: March 24, 2019, 09:30:43 AM »
I'm going with A
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Re: Opening Arguments #TTTBE
« Reply #358 on: March 24, 2019, 01:08:10 PM »
I think it’s either B or D. I come back to what Andrew has always said about contracts depending upon the understanding of the parties, and it seems to me reasonable that the past conduct in relation to contracts with identical written terms could be used as evidence of the parties’ understanding at the time of contract. If the seller wanted the contract to be under different terms, he would have to have explicitly disclaimed discounts in the original contract.

B
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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #359 on: March 24, 2019, 02:08:41 PM »
O want to say C but idunno
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