Contracts
What is the 'merger doctrine' in Delaware real estate law?
AThe merger of two real estate brokerages into one company
BThe principle that all prior oral and written representations and negotiations merge into and are superseded by the final written contract — the deed is the final expression of the parties' agreement✓ Correct
CThe merger of adjacent properties into one larger parcel
DThe doctrine that joint tenancy interests merge upon one tenant's death
Explanation
The merger doctrine provides that upon delivery and acceptance of the deed, all prior promises, representations, and agreements — including provisions of the purchase contract — are merged into the deed. If a seller promised to make certain repairs in the contract but the deed was accepted without those repairs, the buyer may have limited recourse after closing, emphasizing the importance of resolving all issues before closing.
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