Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)

Citation: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Parent Document: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Jurisdiction: Massachusetts (state)
Effective Date: 2007-12-28
Original Source: https://www.courtlistener.com/opinion/8356738/cook-v-cullen/ ↗

Full Text

1,184 chars

Acceptance of a deed merges all prior covenants and representations of the seller and discharges all obligations contained in the purchase and sale agreement, except those specified in the deed itself. Snyder v. Sperry & Hutchinson Co., 368 Mass. 433, 441-42 (1975); Pybus v. Grasso, 317 Mass. 716, 717 (1945). Paragraph 13 of the P&S unequivocally states that the buyer’s acceptance of the deed constitutes full performance and extinguishes all obligations contained within the P&S. The Cooks were entitled to an inspection prior to delivery of the deed. At that time, Old New England was responsible for making the necessary repairs. Old New England addressed every item on the only punchlist submitted prior to closing. If the Cooks were dissatisfied with the property after these repairs, they could have requested a full refund of their deposit; however, they chose to accept the deed and the property in its existing condition. Old New England’s obligations to make future repairs to the property based on the P&S agreement were extinguished when the Cooks waived any claims by accepting the deed. For these reasons, summary judgment enters on Counts 1 and 2 for the Defendants.

Other Sections in This Document (22)

Full Text