Transfers in GeneralMode of Transfer
Section § 1052
This law says that you can transfer something without needing to put it in writing unless a specific law says you have to.
Section § 1053
This law section explains that when you transfer something in writing, it might be called a grant, conveyance, or bill of sale. Usually, the term 'grant' covers all these transfers unless it's specifically about real estate.
Section § 1054
This law states that when someone gives a grant, the transfer of interest or ownership only happens when the person giving the grant actually delivers it to the new owner.
Section § 1055
Section § 1056
Once a grant is handed over to the person receiving it (or their representative), it counts as being fully delivered and any conditions that were supposed to apply at that point no longer matter. The grant takes effect immediately without those conditions.
Section § 1057
When someone creates a grant (like a deed or another legal document), they can give it to a third person to hold. This third person will deliver the grant to the intended recipient once a specific condition is met. While the third party is holding the grant, it's referred to as an escrow.
Section § 1057.3
This section lays out the rules for handling funds in an escrow account during a real estate transaction in California. If a property sale doesn't go through by the agreed date, the funds in escrow must be returned to the person entitled to them, unless there is a legitimate dispute. If a buyer or seller doesn't cooperate within 30 days of a request to return funds, they could be responsible for the deposit amount, extra damages, and legal fees. A 'good faith dispute' means someone honestly believed they had a legal right to keep the funds. If there is no such dispute, the party can be fined. This law also clarifies that funds released from escrow don't automatically mean the contract is canceled unless explicitly stated, and an escrow holder can involve the court if there’s a disagreement over the funds.
Section § 1057.5
This law states that an escrow agent, whether licensed or not, can't pay any commission or fee to others just for sending them business or handling escrow accounts. It also says that no arrangement should allow any payment related to escrow to be made before the escrow is fully completed. This rule doesn't change any related parts of the Insurance Code.
Section § 1057.6
When you're buying or exchanging real estate in an escrow transaction and won't be getting a title insurance policy, you're required to get a separate document that advises you to consider buying title insurance. This is important because there could be existing liens or claims on the property that could affect your ownership, and title insurance helps protect against such issues.
Section § 1057.7
This law requires that all written escrow instructions from buyers or sellers must include a statement in at least 10-point type. The statement needs to list the license name and the department that issued the license or authority for the person preparing the escrow document. This rule only applies to original escrow instructions, not to any changes or additional instructions, and has been in effect since July 1, 1993.
Section § 1058
If you give back the physical deed of real estate to the person who originally gave it to you, or if you cancel the deed, it doesn't mean you are giving back ownership of the property.
Section § 1058.5
This law explains that if there's a mistake or reason why a deed shouldn't have been accepted, like an ongoing bankruptcy, a notice can be recorded to address this. A 'notice of nonacceptance' can be filed to document that a deed won't be accepted, detailing the property's description and related information. If a trustee's deed is invalid due to bankruptcy or some other reason, filing a 'notice of rescission' can cancel it, putting property ownership and existing liens back to how they were before the invalid deed was recorded. This act can only be done by the party who originally recorded the trustee's deed or their successor.
Section § 1059
This law explains situations where a legal document, like a grant, is considered delivered even if it's not physically handed to the person receiving it. The first situation is when everyone agrees at the time the document is signed that it's understood to be delivered, and the recipient has the right to get it right away. The second situation is when the document is given to someone else on behalf of the recipient, and it's clear or assumed the recipient agrees.