Burk Baker National Practice Test

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Under lesion beyond moiety, which sale scenario could allow a seller to rescind?

A sale for more than market value

A sale at market value

A sale for exactly half market value

A sale for less than half market value; the seller can rescind within one year

Lesion beyond moiety focuses on protecting a seller from being grossly undervalued in a sale. The remedy is rescission when the price paid is far below the property’s value. The key threshold is typically less than one-half of the fair market value. When the price falls below that line, the seller can cancel the transaction within a limited period, often about one year.

Among the scenarios, only the sale for less than half the market value meets this “grossly inadequate” standard, making rescission possible. Selling for more than market value or at market value does not show the extreme undervaluation required, and a sale exactly at half value usually isn’t enough to trigger the remedy in many jurisdictions.

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