When is the title considered to be transferred in a real estate transaction?

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In a real estate transaction, the title is considered to be transferred when the deed is delivered and accepted by the buyer. This delivery and acceptance signify that the buyer has obtained legal ownership of the property. The process involves the seller physically handing over the deed to the buyer, who must then accept it for the transfer of title to be valid.

The act of delivery is crucial because it reflects the intent of the parties involved in the transaction—the seller's intention to convey ownership and the buyer's acceptance of that ownership. It is important to note that mere signing of the sales contract does not constitute a transfer of title; it only signifies an agreement between parties. Similarly, recording the deed is a process that provides public notice of the property ownership but does not itself effectuate the transfer. Payment being received in full is necessary but does not trigger the title transfer unless accompanied by the deed's delivery and acceptance. This process ensures clarity in the ownership of the property and protects the interests of all parties involved.

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