ContractsIntermediateArizona Exam

An Arizona seller accepts a buyer's offer. Before escrow closes, the property is destroyed by fire. Under the doctrine of equitable conversion, who bears the risk of loss?

AThe seller, because they still hold legal title
BThe buyer, because equitable title passed at contract executionCorrect
CThe loss is split equally between buyer and seller
DThe escrow company bears the risk

Why The buyer, because equitable title passed at contract execution Is Correct

Answer B: The buyer, because equitable title passed at contract execution

Under the doctrine of equitable conversion, once an executory contract is signed, equitable title passes to the buyer. The buyer bears the risk of loss unless the contract provides otherwise.

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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