Buyer Refuses Over Unreleased Lien
Pedro Pacheco contracted to buy land from Pioneer Energy. At closing an unreleased lien appeared on the title. Pedro refused to perform because the seller could not cure the defect in time.
Also known as: perform · performs · performed · performing · performances · contract performance · specific performance
Written by attorneys · grounded in primary & secondary sources — see below
The carrying out or fulfillment of a duty or obligation. A buyer may refuse to perform when the seller cannot cure a title defect by closing.
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Pedro Pacheco contracted to buy land from Pioneer Energy. At closing an unreleased lien appeared on the title. Pedro refused to perform because the seller could not cure the defect in time.
Preston Pratt served as an officer of Premier Manufacturing. He carried out board-assigned functions by reviewing contracts and approving expenditures in the ordinary course of business.
Paige Porter was charged with an offense after she consciously chose to drive while intoxicated. Her voluntary conduct satisfied the act requirement for liability.
Patricia Patel presided over a trial. She applied the law evenly to both parties and issued rulings without favoritism or bias.
Philip Powell and Pamela Phillips handled separate portions of a single matter for a client. They divided the fee in proportion to the work each performed.
Platinum Partners retained an agent to manage property. The agent inspected the premises regularly and reported known defects using ordinary care and intelligence.
A buyer may refuse to perform if the seller cannot cure a title defect by closing. Title defects include unreleased liens and breaks in the chain of title.
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An officer must perform duties in good faith and with the care a person in a like position would reasonably exercise under similar circumstances.
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No. Liability requires conduct that includes a voluntary act or the omission of an act the person is physically capable of performing.
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…Delivery is not necessary to the validity of letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State…