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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Albrecht v. Clifford, 436 Mass. 706 (2002)

Citation
Albrecht v. Clifford, 436 Mass. 706 (2002)
Parent Document
Albrecht v. Clifford, 436 Mass. 706 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-05-07

Other Sections in This Document (44)

Full Text

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This paragraph is not a warranty. Rather, it describes some of the conditions on which the Albrechts could have refused to purchase the residence. The agreement provided that if Clifford had been unable to provide good title, convey or deliver possession of the residence, or “if at the time of the delivery of the deed the premises do not conform with [the agreement’s] provisions” — including paragraph 9 — he had up to thirty days to use reasonable efforts to remedy any of these problems. If he failed to fix any problems within that time, the agreement would have become void. We agree with the judge that Count I of the Albrechts’ complaint fails because paragraph 9 is not a contractual warranty that survived the Albrechts’ acceptance of the deed.