Unmarketable Title

Question 1

The things that make title unmarketable

Answer 1

Defects in record chain of title—most often, adverse possession
* Encumbrances (mortgages, liens, easements, restrictive covenants)
* Zoning violations

Question 2

When does Seller have to remedy title defect

Answer 2

The seller has up
until that time to clear up whatever defect is making the title unmarketable.
In an installment land contract, the seller need not provide
marketable title until

Question 3

Remedy If Title Not Marketable

Answer 3

The buyer must notify the seller that title is unmarketable and give
the seller reasonable time to cure the defects. If the seller fails to
cure the defects, the buyer’s remedies include rescission, damages,
specific performance with abatement, and a quiet title suit. But if
closing occurs, the contract and deed merge, and the seller’s liability
on the implied contractual covenant ends.