Hypos for real estate contract breach

  1. Merchantable title
    1. L.E.
    2. Zoning ordinance: no educational activities
    3. Current violation: School: Jazz Sax; buyers purpose is choral singing
    4. Chromium plant
    5. German sellers in violation of no foreigners covenant
    6. Contract says FSA; seller holds FSSEL; ShEI: when song earns more than $2 million in a year, in favor of Seiter, Anne Marfisi buys for music academy
    7. In contract: “subject to covenant that no heavy metal ever be played on property”
  2. Failure to disclose Orangedusk as neighbors
  3. Homebuilder sells for principal residence
    1. residence; thatched roof (plastic sheeting/big canvas tent) covered by asphalt shingles

                                                              i.      original buyer

                                                            ii.      downstream buyer

    1. Residence; natural gas heating system

                                                              i.      25 years passes

                                                            ii.      Everyone has moved to combination of solar panels and fuel cells

                                                          iii.      Claim breach of warranty

                                                          iv.      Downstream buyer

    1. Residence with “convertible” (retractable canvas roof)

                                                              i.      Original buyer

                                                            ii.      Downstream buyer

  1. Warranty:
    1. Builder deliberately doubles spacing of floor joists, and uses 2/4s instead of 2/8s; sells to sister, who then puts it on market; recovery in NH?
    2. Floor joists properly spaced 2/8s, but carpenters get lazy, just set joists on sill, with no nails or screws, and lay subflooring over them, with no nails or screws
    3. Floor joists property spaced 2/8s, carpenters nail them to sill and to subfloor; neighborhood kids come out in dead of night and pull all the nails