What must a buyer do if they determine a seller's title is unmarketable?

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When a buyer discovers that a seller's title is unmarketable, the appropriate action is to notify the seller and provide them with reasonable time to cure the defects in the title. This course of action aligns with the principle that parties to a real estate transaction should be given the opportunity to resolve issues rather than terminating the agreement immediately.

In real estate, an unmarketable title typically indicates that there are defects or issues—such as liens, encumbrances, or disputes—making it difficult for the buyer to sell or transfer the property in the future. By notifying the seller, the buyer initiates a process that allows the seller to address and potentially rectify these issues, thus restoring the title to a marketable condition.

This approach promotes fairness and allows the seller to take corrective measures, which might include clearing liens or disputes. It also preserves the relationship between the buyer and seller and upholds the terms of their contract, assuming both parties wish to fulfill their original obligations.

The other options involve either immediate termination of the contract, seeking legal action, or mediation without giving the seller a chance to cure the defects. These alternatives are less favorable, as they do not follow the standard practice that encourages resolution of title issues before taking more drastic measures.

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