Section 4

Citation: Section 4
Parent Document: Solomon v. Birger, 477 N.E.2d 137 (1985)
Jurisdiction: Massachusetts (state)
Effective Date: 1985-04-22
Original Source: https://www.courtlistener.com/opinion/2048661/solomon-v-birger/ ↗

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It is difficult to imagine that an agreement designed by a real estate association would contain a twenty-year warranty about a fact of which the seller is likely to have imperfect knowledge, i.e., whether his structure, at the time of sale, conforms in every respect with the building code. Whatever doubt might exist about the meaning of the agreement is, however, resolved by the merger provision which appears in § 13. That section is carefully drawn: "The acceptance of a deed by the Buyer or his nominee as the case may be, shall be deemed to be full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed." This language embodies the doctrine that acceptance of a deed ordinarily merges all obligations in the purchase and sale agreement, except those specified in the deed itself. Pybus v. Grasso, 317 Mass. 716, 717 (1945). Snyder v. Sperry & Hutchinson Co., 368 Mass. 433, 441-442 (1975).

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