Legal Question in Real Estate Law in California

Re: buying a house

When escrow closes and you obtain the keys from the former owner (assuming you are asking about purchasing a home).

Re: buying a house

Normally, the buyer has the right of possession as soon as escrow closes; this means, when all the papers, particularly the deed, have been signed and exchanged. It is not really necessary for the deed to have been recorded, but in some areas recording the deed is deemed to signal the close of escrow.

However, this can be changed by prior agreement between the buyer and seller. Also, if there is no agreement but the seller fails to vacate upon the closing, the buyer doesn't have the right to kick the seller out, and may have to institute an unlawful detainer action just as though this were a former tenant.