Under the doctrine of merger by deed, certain terms, covenants and conditions of a contract for the sale of real property are merged with and into the deed to the property upon delivery.
Applying Merger By Deed Doctrine to Real Estate Transactions
Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.
By
Peter E. Fisch and Salvatore Gogliormella
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