Business Law Case Study

Case Study Project

Case Study Questions:

1. Is there a contract between any of the parties? If there is a contract(s), describe and detail 
how you arrived at that conclusion, and identify the parties to that contract and the 
contract’s terms. 


2. There were several purportedly contractual negotiations or transitions in the case 
description. If you decided that some of those transactions do not qualify as a contract, 
detail and describe why. 


3. Identify any defenses to enforcement that any of the parties may have and against whom 
they would be asserted, and whether those defenses would be successful and why. 


4. Identify the available remedies that any party could request of a court, and whether a court is 
able or likely to provide that remedy and why. 


5. Describe how the concept of agency effected the parties’ legal positions in the case study. 
Did the agents help or harm their clients? Why? 


6. If you were the judge on this case and all the parties named in the case description were 
party to the lawsuit, how would you resolve the case and why? Who would end up with the property and on what terms? Who would get nothing and why? 


This case study is about Jon and Marsha who are looking to purchase a new home. There were a few different contracts, oral agreements, and miscommunications that have lead to the suing of the seller by Jon. The first contract that was created, although not completed, was an offer to purchase between Jon and Marsha (the buyer) and Boren T. Deal (the seller). This was done under the Real Estate Purchase Contract (REPC). The Utah state law requires that the real estate licensee must use this form, although, if the buyer and seller agree otherwise then the contract can be altered or use a different form. The purchase price is $207,000 and the Earnest Money Deposit is $5,000. Along with this, there are the buyers and the seller’s addendums.

The problem that we face is the seller...