Contracts

Under the TREC residential contract, if the property is damaged by fire before closing, the risk of loss is typically on:

AThe buyer from the moment the contract is signed
BThe seller until title and possession are transferred to the buyer✓ Correct
CThe title company until closing
DSplit equally between buyer and seller

Explanation

Under TREC contracts, the seller bears the risk of loss until title and possession are transferred to the buyer. If the property is substantially damaged before closing, the buyer typically has the right to terminate and recover earnest money or can require the seller to repair. This is different from some states where risk passes at contract signing.

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