Legal Question in Real Estate Law in California

Re: vacating premises.

First of all, there is no statute that controls. Everything is based upon the terms of the contract. Usually, the contract would state a certain time on the date escrow closes, or some time after. It is rare that a seller would vacate prior to the date that the escrow closes and funds are available.

Fax a copy of the contract to my office (925) 397-3044, and I will look at it. I would be very surprised if it calls for you to vacate prior to escrow.

Re: vacating premises.

Most California escrow companies (in my area at least) are telling buyers that they are entitled to possession upon recording of the deed.

This is entirely a consequence of the way the documents are worded......the contract of sale and the escrow instructions, read together. (Hopefully they do not disagree!!)

Less often, the right to possession occurs as of the signing and exchange of documents, but prior to the recording. Although less common, this may be more theoretically satisfactory, as recording is in some ways a collateral procedure to the sale itself.

It is unusual, but not rare, for the actual change of possession to occur either earlier or later than close of escrow and/or recording. This can either be by agreement or by what amounts to a kind of trespass. When by agreement, a seller remaining in possession should pay rent to the buyer, or a buyer getting early possession should pay rent to the seller.

The latter situation happens most often in "lease-option" deals.

A real-estate agent who has promised the buyer early possession which is not provided for in the purchase agreement or escrow instructions has made a mistake. This situation must be distinguished from the right of access that home sellers frequently give to the buyer's inspectors, appraisers and the like; access for these necessary pre-closing steps is not to be confused with actual possession. Possibly this type of confusion is occurring here.