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ContractsEquitable TitleHARD

In South Dakota, the equitable title to a property transfers to the buyer when:

Correct Answer

B) The purchase agreement is fully executed

Equitable title passes to the buyer when a binding purchase agreement is executed. This gives the buyer an equitable interest in the property, even though legal title does not transfer until the deed is delivered at closing.

Answer Options
A
The deed is recorded
B
The purchase agreement is fully executed
C
The closing occurs
D
The mortgage is approved

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Related Topics & Key Terms

Related Topics:

equitable-conversionlegal-titledeed-deliveryrisk-of-loss

Key Terms:

equitable titlelegal titlecontract executionequitable conversiontwo-stage transfer

Related Concepts

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

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