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Dirks v. Cornwell

Court of Appeals of Utah

754 P.2d 946 (1988)

Relevant factsFree

After the Cornwells defaulted on their contract to purchase property from the Butlers, having separately borrowed money from the Goodwills (defendants) secured by a deed of trust on the same property, the Butlers — unaware of that deed of trust — properly terminated the sale contract and resold the property to the Dirks (plaintiffs) without notifying the Goodwills of either the default or the resale; the trial court granted the Dirks summary judgment quieting title.

IssueFree

Whether a seller who cancels a contract to sell real property has a duty to notify the buyer's lender about the buyer's default.

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