Under a valid written contract, the seller agrees to sell land; the contract is silent on quality of title. The seller later discovers a canal towpath easement that could affect marketability. The buyer seeks to close on May 1. Will the buyer likely prevail on specific performance?

• A. No, because the buyer cannot waive marketable title.
• B. Yes, because the buyer may waive the right to a marketable title, and marketability is for the buyer's benefit.
• C. Yes, because marketable title is never waived.
• D. No, because the seller must cure any title defects.

Answer: (B)