IL Bar Practice Questions - Illinois Bar Examination Exam

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A grantor sells the same parcel to two buyers. The first buyer fails to record; the second buyer pays value, has no notice of the first sale, and records first. In a race-notice jurisdiction, who prevails?

The second buyer, because he is a bona fide purchaser who recorded first without notice The first buyer, because she bought first in time The grantor, who retains title Neither, because the property reverts to the state

Correct Answer:

The second buyer, because he is a bona fide purchaser who recorded first without notice

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