What is The Merger Doctrine & How Does It Affect Trusts

What is The Merger Doctrine & How Does It Affect Trusts

The merger doctrine is a common law doctrine, under which all prior agreements between a buyer and a seller merge upon acceptance of the deed by the buyer. Under the doctrine, the deed becomes the sole binding instrument between the parties, overruling previous contracts. The intention of the merger doctrine was to bring closure to the real estate process and secure the protection of land titles - thus the merger doctrine only affects revocable and living trusts. Three exceptions to this doctrine have been recognized: (1) mutual mistake; (2) misrepresentation; and (3) where a contractual provision in a preceding transaction document provides an independent or collateral undertaking, apart from the purpose of the deed.

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