A speculator contracts to buy a condominium unit from the original owner by quitclaim deed; the contract omits any reference to marketability. A year later, the speculator resells to a third party who discovers a restrictive covenant that renders title unmarketable and existed at the time of purchase. The third party refuses to close. Under the doctrine of merger, can the speculator sue the original owner for breach of the covenant to deliver marketable title?

• A. Yes, the covenant to deliver marketable title survives despite merger.
• B. Yes, because quitclaim deeds carry warranties against encumbrances in some jurisdictions.
• C. No, because the contract is terminated by merger.
• D. No, because under merger the implied covenant merges into the deed and cannot be enforced through a breach of contract action.

Answer: (D)