Voorde Poorte v. Evans

The Evanses (defendants) contracted to buy a mobile home from the Voorde Poortes (plaintiffs), with closing set for a specific date and the sellers bearing the risk of loss until closing (with the buyers entitled to terminate if fire destroyed the property before then). Title-clearing delays pushed back the closing, and the buyers took possession early; before closing occurred, the home was destroyed by an electrical fire.

Whether, under a real-estate contract allocating the risk of loss to the seller before closing, that risk shifts to the buyer if the buyer takes possession before closing.