ContractsAdvancedAlaska Exam

Under Alaska law, which party in a residential real estate transaction bears the risk of loss if the property is damaged before closing but after the purchase agreement is signed?

AThe buyer, once the contract is signed
BThe seller, until closing and transfer of possession, in general
CThe insurance company for both parties
DThe party who possesses the property at the time of damageCorrect

Why The party who possesses the property at the time of damage Is Correct

Answer D: The party who possesses the property at the time of damage

Under the Uniform Vendor and Purchaser Risk Act (adopted in modified form by many states), the risk of loss generally remains with the party in possession at the time of loss. In Alaska residential transactions, this is typically the seller until closing and delivery of possession to the buyer.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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