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The part that is intriguing me is the order in which you say this. Did he quitclaim it to her and then sell it? That seems backwards which makes it seem like his gf’s attorney’s argument might hold some merit. If he quitclaimed it before the contract then it wasn’t his to sell because he didn’t own it.
They drafted up an agreement, that they both signed. He then deeded it to her a couple months later. She never paid. He didn’t bother asking for the money bc they were still together and it kept getting delayed. After they broke up he asked for the money.
Coach
I’m confused as to how this unfolded. He executed a quit claim deed in her favor, and then he entered into a contract to sell the property to her again? Or did he quit claim it to her before being paid based on a contract that had previously been executed?
If he quit claimed it to her and then tried to sell it to her again under a subsequently executed contract, I think you have a significant issue. Seems like there is a failure of consideration on his part for the hundred thousand dollars.
If he executed a contract and then quit claimed it to her without being paid, I think you still may have some issues. But I’d rather be in a position of arguing that the provisions of the contract should not be merged into the deed (because I think this would be a doctor merger issue) than to deal with a total failure of consideration.
Coach
I’m not sure it’s an ironclad case for the bad actress. Based on my extensive knowledge on this issue - which is mostly some Google searching after my first post on this issue to make sure I wasn’t totally off base - it seems like the doctrine of merger may be being applied on a more limited basis than in the past and payment of consideration is so fundamental, that I’m not confident it’s a total bar. That feels intuitively right as you suggest - which is why I said in my first post that I’d prefer that position over the contract being signed after the quitclaim.
‘Quitclaim’ - and I thought we used more old fashioned words here in England! 😂