Legal Question in Real Estate Law in California
My parents are selling their home. They signed the Grant Deed. The listing agent said escrow needed it. Should they have waited till they received the funds from the seller
2 Answers from Attorneys
This is what escrow is for in California transactions. They hold the money, the deed and other required closing materials until closing, then do the recording or exchange or any other steps the transaction requires. The deed has to be in escrow before a closing can occur. The question of whether this was provided to early depends on the transaction and the agreement terms. If there is no closing, excrow will normally return the deed to you unrecorded once all parties agree to terminate escrow. .
California law is clear that no title transfers until the conditions or escrow have been met. The term of art for this is that escrow "closes." The escrow holder is supposed to hold the deeds and when the conditions of the escrow are met, the deed gets recorded and the money is funded to the seller, subject to lawful deductions.