As a general rule, “exclusions of liability” are good when the extent and amount of liability is uncertain, but not as good in construction contracts. Scope is often influenced by relative bargaining power. Since the terms “compensate”, “maintain without damage” and “defend” have different and distinct meanings, you should consider the use of collective definitions. A marketable title is a security that the seller actually has and that is not subject to charges that are shares of the property held by someone other than the seller or buyer. Unless otherwise agreed, the buyer is entitled to an absolutely unshared interest in all the real estate that he has mandated for the purchase. For example, if the seller promises to transfer forty acres in the contract of sale and the buyer finds the next day that the seller has only twenty-five acres of property, the buyer is not required to abide by the contract, because the seller does not have marketable ownership of the land that the seller has agreed to transfer. . . .
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