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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 4

Citation
Section 4
Parent Document
Solomon v. Birger, 477 N.E.2d 137 (1985)
Jurisdiction
Massachusetts (state)
Effective Date
1985-04-22

Full Text

556 chars
But more to the point. The plaintiffs assert that the warranty in the purchase and sale agreement of building code compliance was violated because the house had been constructed on uncompacted landfill contrary to the local building code. I think that the instant case is controlled in all material respects by McMahon v. M&D Builders, Inc., 360 Mass. 54, 59-60 (1971), which held that agreements which are not essential to the promise to convey do not necessarily merge with the deed, notwithstanding the existence of a merger clause in the accepted deed.