In a sale of real estate, a buyer who discovers that the seller does not have marketable title

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If the buyer discovers that the seller does not have marketable title, they have the right to rescind the contract, meaning they can cancel the sale and receive their deposit back. The buyer would not acquire the property free from any encumbrances or defects because the seller does not have marketable title. The buyer is not presumptively conveyed a fee simple absolute because the seller does not have marketable title. There is no guarantee that the title has not been previously marketed or sold as marketable title refers to a title that is free from any significant defects or encumbrances.

In a Sale of Real Estate, a Buyer Who Discovers