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Secor v. Knight

Utah Supreme Court (1986) | 716 P.2d 790; 29 Utah Adv. Rep. 15; 1986 Utah LEXIS 759

3 min read

TL;DR: A homebuyer who accepted a deed referencing a restrictive covenant was barred from operating a basement apartment, because the prior purchase agreement, which was silent on the restriction, was extinguished by the doctrine of merger upon acceptance of the deed.

Legal Significance: This case affirms the strict application of the merger doctrine in real property conveyances, where terms in a purchase agreement are extinguished upon acceptance of a deed, absent fraud, mistake, or a collateral agreement.