Search Results for: MERCHANTABLE

tender of performance

An obligor’s demonstration of readiness, willingness, and ability to perform the obligation; esp., a buyer’s demonstration of readiness, willingness, and ability to pay the purchase money, or a seller’s offer to deliver merchantable title.• An offer to perform is usu. necessary to hold the defaulting party to a contract liable for breach. [Cases: Contracts 279. […]

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abstract of title

abstract of title. A concise statement, usu. prepared for a mortgagee or purchaser of real property, summarizing the history of a piece of land, including all conveyances, interests, liens, and encumbrances that affect title to the property. — Also termed brief; brief of title. [Cases: Abstracts of Title 1. C.J.S. Abstracts of Title §§ 2–3,

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marketable title

A title that a reasonable buyer would accept because it appears to lack any defect and to cover the entire property that the seller has purported to sell; a title that enables a purchaser to hold property in peace during the period of ownership and to have it accepted by a later purchaser who employs

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