Contracts
In New York, the concept of 'merger of title' (or merger of contract into deed) at closing means that:
AThe buyer and seller merge their obligations into the closing documents
BContractual obligations that have not been performed at closing may be extinguished (merged into the deed) unless the parties expressly agree to survive closing✓ Correct
CThe deed replaces all prior negotiations automatically
DAll warranties in the contract automatically become deed covenants
Explanation
The doctrine of merger holds that in New York, once a real estate closing occurs and the deed is delivered, the purchase contract 'merges' into the deed — meaning contractual obligations that were not expressly preserved are extinguished. If a seller's pre-closing representations are to remain enforceable after closing, the parties must include a 'survival' clause in the contract specifying which provisions survive closing.
Related New York Contracts Questions
- In New York, a 'tender' in a real estate contract dispute means:
- In New York, a 'contract modification' must be:
- In New York, a 'counterpart' in a real estate contract means:
- In New York, a real estate contract is 'executory' when:
- In New York, 'novation' in a real estate context means:
- In New York, a 'contract deposit' held by the seller's attorney is typically:
- Under New York law, a seller who breaches a real estate purchase contract by refusing to convey title may be subject to which of the following buyer remedies?
- A 'right of first refusal' in a lease or purchase agreement gives the holder the right to:
Practice More New York Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free New York Quiz →