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ContractsEquitable TitleHARD

In Delaware, a buyer acquires equitable title to a property when:

Correct Answer

B) A valid purchase agreement is executed by all parties

Equitable title passes to the buyer upon execution of a valid purchase agreement, giving the buyer an enforceable interest in the property before closing. Legal title does not transfer until the deed is delivered and accepted at closing. This distinction means the buyer has a protected interest in the property from the moment the contract is signed, even though the seller retains legal title until the deed is conveyed.

Answer Options
A
The deed is recorded with the county recorder of deeds
B
A valid purchase agreement is executed by all parties
C
The mortgage is fully paid off by the buyer
D
Closing occurs and the deed is delivered to the buyer

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Related Topics & Key Terms

Related Topics:

legal titleequitable conversiondeed deliveryexecutory periodrisk of loss

Key Terms:

equitable titlelegal titlepurchase agreementdeed deliveryequitable conversion

Related Concepts

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

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