Purchase of the mansion include the fireplace

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1. Tom is renting an apartment from Brady. After Tom fails to pay rent for three months, Brady sends Tom a notice that his is in breach of the lease for nonpayment of rent. The next month, Tom again fails to pay any rent. Brady places Tom’s belongings in storage, changes the locks to the apartment, and leases the apartment to a new tenant. If Tom sues Brady for a wrongful eviction, who will win?

a. Tom, because Brady is required to give more than one month’s notice prior to eviction.

b. Tom, because Brady did not follow the proper eviction procedures.

c. Brady, because Tom breached his duty to pay rent.

d. Brady, because he provided Tom notice that he was in breach for nonpayment of rent.

2. Cameron and Mitchell own a commercial office building as joint tenants. Mitchell transfers his interest in the building to his sister Claire. A year later, Claire dies. Who receives Claire’s 50 percent interest in the office building?

a. Cameron

b. Claire’s heirs

c. Cameron and Claire’s heirs each receive half of Claire’s interest in the property

d. Claire’s interest reverts to Mitchell

3. Mrs. Rosenberry enters into a purchase and sale agreement for the sale of her mansion to Mr. Green. The house has a very large decorative gas fireplace, which Mrs. Rosenberry had specially designed. The fireplace is connected to the gas line in the house; it can be removed and replaced by a professional in a matter of hours, but may result in damage to the wall and floor surrounding the fireplace. The purchase and sale agreement does not specify whether the fireplace is included in the sale of the mansion. Does Mr. Green’s purchase of the mansion include the fireplace?

a. No, because the purchase and sale agreement does not say that the fireplace is included.

b. No, unless the purchase price included the price of the fireplace specifically.

c. Yes, because the fireplace is a fixture.

d. Yes, because Mr. Green has a reversion interest in the fireplace

Reference no: EM131278196

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