A buyer and seller execute a contract for sale of real property. The contract promises conveyance of marketable title subject to existing restrictions and zoning laws. The buyer later learns that the business at that location violated zoning laws, but the buyer hopes to obtain a variance. If the seller refuses to transfer title at closing, can the buyer seek specific performance?

• A. No, because the covenant of marketable title has been violated.
• B. Yes, because seller breached covenant of marketable title.
• C. No, because the contract provides that property is being sold subject to zoning.
• D. Yes, but only if the buyer obtains a variance.

Answer: (B)