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0 tracked cards Civil Law and Land Titles and Deeds
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Maris buys a parcel of land from Seller Quinto, who asserts the title is clean. After payment and delivery of the deed, Maris discovers that Quinto knew of a latent encumbrance (an unrecorded private easement) that would significantly limit development and concealed it prior to the sale. Before Maris files suit for rescission, Quinto sells the same parcel to Rosa, a good-faith purchaser for value, who records the deed. Maris seeks rescission of the sale and return of the purchase price. (a) State the governing doctrine of rescission applicable to a land sale based on fraud or concealment of a material fact. (b) Distinguish rescission from damages or from cancellation or reconveyance of title. (c) Apply the doctrine to these facts and determine whether rescission is proper, what form of restitution is proper (reconveyance of land or refund of price), and the effect on Rosa’s rights as a good-faith purchaser.

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Clara

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