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.

9 minute read September 01, 2024 at 12:09 AM
By
Peter E. Fisch and Salvatore Gogliormella
Applying Merger By Deed Doctrine to Real Estate Transactions

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.

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