MBE Sample – Question 20 - Actual
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MBE Sample - Question 20

A man arranged to have custom-made wooden shutters installed on the windows of his home. The contractor who installed the shutters did so by drilling screws and brackets into the exterior window frames and the shutters.

The man later agreed to sell the home to a buyer. The sales agreement did not mention the shutters, the buyer did not inquire about them, and the buyer did not conduct a walkthrough inspection of the home before the closing.

The man conveyed the home to the buyer by warranty deed. After the sale closed, the buyer noticed that the shutters and brackets had been removed from the home and that the window frames had been repaired and repainted.

The buyer demanded that the man return the shutters and pay the cost of reinstallation, claiming that the shutters had been conveyed to him with the sale of the home. When the man refused, the buyer sued.

Is the buyer likely to prevail?

A
No, because the sales agreement did not mention the shutters.
B
No, because the window frames had been repaired and repainted after removal of the shutters.
C
Yes, because the shutters had become fixtures.
D
Yes, because the man gave the buyer a warranty deed and the absence of the shutters violated a covenant of the deed.
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