Legal Question in Real Estate Law in California

If you are in escrow, you generally take possession when escrow closes, unless some other time has been agreed between the parties. If you are using a sit down closing, you can take possession of the property when the deed is delivered to you, unless again some other time has been agreed between the parties.

That should be in either your purchase agreement or the escrow documents. One or the other or both should specify when possession will be delivered.

Absent an agreement to the contrary, the buyer has the right of possession immediately upon delivery of the deed, but as a practical matter, some law or policy may prevent the buyer from obtaining immediate possession. Examples include possession by a tenant under a lease with the seller, which generally will remain in full force and effect; and an unlawful possession by a stranger, who must be dispossessed by a lawful procedure rather than self-help which may result in a breach of the peace.