What happens if a buyer accepts a deed without resolving problems related to marketable title?

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When a buyer accepts a deed without addressing issues related to marketable title, the buyer effectively assumes the risks associated with those title defects. By doing so, the buyer waives any potential claims against the seller regarding the title issues. This means that the buyer has forfeited any right to seek recourse from the seller for problems related to the title that were not resolved prior to accepting the deed.

Many legal agreements in real estate transactions emphasize the importance of marketable title, meaning that any defects should be identified and corrected before the sale is completed. Accepting a deed without addressing these issues can prevent the buyer from seeking damages, specific performance, or rescinding the agreement; instead, the buyer's acceptance indicates an acknowledgment and acceptance of the existing problems. Thus, relinquishing the right to recourse is a crucial point for buyers to understand in any property transaction.

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