Real Estate Law
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The issue of the fence removal is a question of fact where one side's version does not control over the other party's version. In other words it's up to the court to decide whether or not removal of the fence constituted a breach of contract. It appears that Carlson breached the contract if they agreed to clean up a certain lot for their own benefit, but didn't do so; however, it appears that their obligation was only for their own benefit, so I don't see how damages could be claimed by the Seller. These details should have been spelled out in the contract.
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