Applying Merger Doctrine to Contracts for Sale of Real Estate
In their Transactional Real Estate column, Peter Fisch and Sal Gogliormella discuss the merger by deed doctrine including how New York courts apply it compared to other states.
July 30, 2024 at 11:00 AM
9 minute read
ContractsUnder the doctrine of merger by deed, certain terms, covenants and conditions of a contract for the sale of real property are merged with and into the deed to the property upon delivery. Based on the common law doctrine of caveat emptor, merger by deed provides a sense of finality to the transaction process. Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.
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