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MBE Prep Guide Sample Test Question:

Real Property Law

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Multi-State Bar Exam GuieMulti-State Bar Exam Guide-volume I- Torts, Contracts and Criminal Law

ANSWER: The best answer is (b). All contracts for the sale of land carry an implied warranty of marketable title. Marketable title is one that is free from reasonable doubt, and that does not open up the purchaser to the unreasonable risk of litigation. If the house here was built in violation of a restrictive covenant on its height, the violation exposes Patricia to the unreasonable risk of litigation. Patricia is not required to purchase the house under these circumstances. The Supreme Court of Kentucky reached a similar result in Lohmeyer v. Bower, on similar facts. Answer (a) is incorrect for this reason. Answer (c) is not the best choice. It is irrelevant who built the house, if the zoning ordinance was in place at the time of construction. Answer (d) is probably true, but it is not the best answer. The problem here is that purchasing the home will expose Patricia to the risk of litigation. It is not relevant whether she will be able to sell the house in the future.

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