If a purchaser, under a contract, enter into the possession of the property, prior to the time of the delivery of the deed, he is not a tenant. He cannot be sued for rent, nor dispossessed by summary proceedings. Except under special circumstances, it is best for the seller not to deliver possession until the time the deed is delivered. On the other hand, if the buyer enters into possession, he cannot dispute the seller's title, and his retention of possession operates as a waiver of objections or defects.

If the buyer make improvements on the property before he receives his deed, he cannot, in the absence of an agreement, recover for the value of the improvements against the seller who has acted in good faith, if the title fail.

Generally speaking, the acceptance of a deed is presumptive evidence of the execution of the contract, and the rights and remedies of the parties are thereafter determined by the deed, and the original contract is no longer of effect. But the form and contents of the deed, as already shown, are governed by the provisions of the contract of sale, and the deed, while the consummation of the transaction, is, in reality, merely the performance and result of the contract.