Legal Question in Real Estate Law in California
How do you deliver a deed to signify that property has been conveyed.
2 Answers from Attorneys
Basically, a deed is considered "delivered" when it is placed in the custody or possession of the grantee, or the grantee's agent. There have been some technical, hair-splitting court cases where legal "delivery" of a deed was a big issue, but generally delivery is a very simple and non-technical process where the seller/vendor of real property signs the deed and gives it to the buyer, or places it in escrow (the escrow company being agent for both buyer and seller). So, 99% of the time, "delivery" is no big deal. The oddball cases are where (for example) grandpa writes up a deed giving the farm to his grandson, but leaves it in an envelope or mails it to the wrong relative, or something weird like that.
A deed is also considered delivered when the terms of the purchase and sale contract are met and escrow closes.
Related Questions & Answers
-
Can my new landlord ask my old landlord how much I paid for rent? Asked 2/03/14, 11:56 pm in United States California Real Estate and Real Property