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ContractsEquitable TitleHARD

When does a buyer acquire equitable title to a property?

Correct Answer

B) When the purchase agreement is signed by all parties

A buyer receives equitable title upon execution (signing) of the purchase agreement. This gives the buyer an insurable interest in the property and the right to compel the seller to complete the transaction. Legal title, however, does not transfer until the deed is properly delivered and recorded at closing. The distinction between equitable and legal title is important in understanding a buyer's rights during the period between contract and closing.

Answer Options
A
When the deed is delivered and recorded at the county courthouse
B
When the purchase agreement is signed by all parties
C
When the mortgage loan is fully paid off by the buyer
D
When the closing documents are signed and funds are disbursed

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Related Topics & Key Terms

Related Topics:

legal titleequitable conversiondeed recordinginsurable interestspecific performance

Key Terms:

equitable titlelegal titlepurchase agreementdeed recordinginsurable interest

Related Concepts

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.

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