Multistate Bar Examination Practice Question

The doctrine of merger provides that, upon delivery and acceptance of the deed, contractual promises that relate solely to the conveyance of title are absorbed into the deed and are no longer independently enforceable. Promises that are collateral to title-those that are not satisfied merely by conveying marketable title-survive closing unless the parties clearly agree otherwise. A promise to repair or construct an improvement (such as a fence) concerns the physical condition of the property, not the quality of title, so it is considered collateral. Because the repair covenant survives the closing, the seller remains liable for failing to perform it, and the buyer can recover for breach. The incorrect choices either misapply merger, misunderstand the Statute of Frauds, or wrongly treat acceptance of the deed as a waiver of non-title defects.