Contracts
A Massachusetts property is under contract to be sold when a tornado destroys the building. Unless the contract has a 'risk of loss' provision, under the doctrine of equitable conversion:
AThe seller bears the loss and must return the deposit
BThe buyer bears the loss because equitable title passed with the contract✓ Correct
CThe loss is shared 50/50
DNeither party bears the loss—insurance covers it
Explanation
Under the common law doctrine of equitable conversion (followed in Massachusetts), the buyer bears the risk of loss once the purchase contract is signed, because the buyer has equitable title. Most modern P&S agreements modify this rule.
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