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ContractsEquitable TitleHARD

In Maine, a buyer acquires equitable title to a property at what point in the transaction?

Correct Answer

B) When the purchase and sale agreement is signed by all parties

Equitable title passes to the buyer at the moment the purchase and sale agreement is fully executed (signed by all parties). This gives the buyer an enforceable interest in the property even though legal title has not yet transferred. Legal title does not transfer until closing, when the deed is delivered and accepted. Recording the deed provides constructive notice to the public but is not required for legal title to pass between the parties.

Answer Options
A
When the deed is recorded at the registry of deeds
B
When the purchase and sale agreement is signed by all parties
C
When the buyer's mortgage is approved by the lender
D
At the closing table when funds are disbursed and the deed is delivered

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Related Topics & Key Terms

Related Topics:

legal-titlerisk-of-lossinsurable-interest

Key Terms:

equitable titlecontract executionlegal titledeed delivery

Related Concepts

Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

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