hard · National Real Estate Exam

A buyer and seller enter into a valid written purchase agreement. Two weeks before the scheduled closing, the house is destroyed by a fire.

Under the common-law doctrine of equitable conversion, who typically bears the risk of loss, and why?

  1. The seller, because they still hold legal title to the property until the deed is delivered.
  2. The buyer, because they acquired equitable title the moment the contract was signed.
  3. Both parties equally, as the contract remains executory and neither holds full ownership.
  4. The insurance company, because the contract is automatically voided by the destruction of the improvements.

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