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4. In that action, the banker should
Prior to the closing, the employee learned that Whiteacre did not conform to the zoning ordinance and refused to close even though the banker was ready, willing, and able to perform his contract obligations. The banker brought an appropriate action for specific performance against the employee.
The banker and an employee entered into a valid written contract for the purchase and sale of Whiteacre. The contract provided that the banker was to convey to the employee a marketable title. The contract was silent as to zoning. The employee had fully inspected Whiteacre.
A banker owned Whiteacre, a dwelling house situated on a two-acre lot in an area zoned for single-family residential uses only. Although it was not discernible from the outside, Whiteacre had been converted by the banker from a single-family house to a structure that contained three separate apartments, in violation of the zoning ordinance. Further, the conversion was in violation of the building code.
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A is incorrect. The banker was not able to convey marketable title.
B is incorrect. The knowledge of the illegal work is also not enough to render the title unmarketable. Instead, the non-compliance with zoning laws makes the title unmarketable.
D is incorrect. The non-compliance with the zoning laws, not the responsibility for performing the illegal work, is determinative in rendering title unmarketable.