Section § 1052

Explanation

This law says that you can transfer something without needing to put it in writing unless a specific law says you have to.

A transfer may be made without writing, in every case in which a writing is not expressly required by statute.

Section § 1053

Explanation

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 Ten Hundred and Fifty-three. A transfer in writing is called a grant, or conveyance, or bill of sale. The term “grant,” in this and the next two Articles, includes all these instruments, unless it is specially applied to real property.

Section § 1054

Explanation

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.

A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor.

Section § 1055

Explanation
If a legal document called a grant is properly signed, it's assumed that it was handed over on the date written on it.
A grant duly executed is presumed to have been delivered at its date.

Section § 1056

Explanation

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.

A grant cannot be delivered to the grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made.

Section § 1057

Explanation

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.

A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition, it is called an escrow.

Section § 1057.3

Explanation

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.

(a)CA Civil Law Code § 1057.3(a) It shall be the obligation of a buyer and seller who enter into a contract to purchase and sell real property to ensure that all funds deposited into an escrow account are returned to the person who deposited the funds or who is otherwise entitled to the funds under the contract, if the purchase of the property is not completed by the date set forth in the contract for the close of escrow or any duly executed extension thereof.
(b)CA Civil Law Code § 1057.3(b) Any buyer or seller who fails to execute any document required by the escrow holder to release funds on deposit in an escrow account as provided in subdivision (a) within 30 days following a written demand for the return of funds deposited in escrow by the other party shall be liable to the person making the deposit for all of the following:
(1)CA Civil Law Code § 1057.3(b)(1) The amount of the funds deposited in escrow not held in good faith to resolve a good faith dispute.
(2)CA Civil Law Code § 1057.3(b)(2) Damages of treble the amount of the funds deposited in escrow not held to resolve a good faith dispute, but liability under this paragraph shall not be less than one hundred dollars ($100) or more than one thousand dollars ($1,000).
(3)CA Civil Law Code § 1057.3(b)(3) Reasonable attorney’s fees incurred in any action to enforce this section.
(c)CA Civil Law Code § 1057.3(c) Notwithstanding subdivision (b), there shall be no cause of action under this section, and no party to a contract to purchase and sell real property shall be liable, for failure to return funds deposited in an escrow account by a buyer or seller, if the funds are withheld in order to resolve a good faith dispute between a buyer and seller. A party who is denied the return of the funds deposited in escrow is entitled to damages under this section only upon proving that there was no good faith dispute as to the right to the funds on deposit.
(d)CA Civil Law Code § 1057.3(d) Upon the filing of a cause of action pursuant to this section, the escrow holder shall deposit the sum in dispute, less any cancellation fee and charges incurred, with the court in which the action is filed and be discharged of further responsibility for the funds.
(e)CA Civil Law Code § 1057.3(e)  Neither any document required by the escrow holder to release funds deposited in an escrow account nor the acceptance of funds released from escrow, by any principal to the escrow transaction, shall be deemed a cancellation or termination of the underlying contract to purchase and sell real property, unless the cancellation is specifically stated therein. If the escrow instructions constitute the only contract between the buyer and seller, no document required by the escrow holder to release funds deposited in an escrow account shall abrogate a cause of action for breach of a contractual obligation to purchase or sell real property, unless the cancellation is specifically stated therein.
(f)CA Civil Law Code § 1057.3(f) For purposes of this section:
(1)CA Civil Law Code § 1057.3(f)(1) “Close of escrow” means the date, specified event, or performance of prescribed condition upon which the escrow agent is to deliver the subject of the escrow to the person specified in the buyer’s instructions to the escrow agent.
(2)CA Civil Law Code § 1057.3(f)(2) “Good faith dispute” means a dispute in which the trier of fact finds that the party refusing to return the deposited funds had a reasonable belief of his or her legal entitlement to withhold the deposited funds. The existence of a “good faith dispute” shall be determined by the trier of fact.
(3)CA Civil Law Code § 1057.3(f)(3) “Property” means real property containing one to four residential units at least one of which at the time the escrow is created is to be occupied by the buyer. The buyer’s statement as to his or her intention to occupy one of the units is conclusive for the purposes of this section.
(g)CA Civil Law Code § 1057.3(g) Nothing in this section restricts the ability of an escrow holder to file an interpleader action in the event of a dispute as to the proper distribution of funds deposited in an escrow account.

Section § 1057.5

Explanation

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.

Except for the normal compensation of his own employees, no person acting as an escrow agent whether required to be licensed as such or not, shall pay over to any other person any commission, fee, or other consideration as compensation for referring, soliciting, handling, or servicing escrow customers or accounts.
No escrow agent shall enter into any arrangement, either of his own making or of a subsidiary nature, or through any other person having a dual capacity, or through any person having a direct or indirect interest in the escrow, or other device, permitting any fee, commission, or compensation which is contingent upon the performance of any act, condition, or instruction set forth in an escrow, to be drawn or paid, either in whole or in part, or in kind or its equivalent, prior to the actual closing and completion of the escrow.
The provisions of this section shall not be deemed to supersede, negate, or modify any of the provisions of Section 12404 of the Insurance Code.

Section § 1057.6

Explanation

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.

In an escrow transaction for the purchase or simultaneous exchange of real property, where a policy of title insurance will not be issued to the buyer or to the parties to the exchange, the following notice shall be provided in a separate document to the buyer or parties exchanging real property, which shall be signed and acknowledged by them:
“IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING.”

Section § 1057.7

Explanation

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.

All written escrow instructions executed by a buyer or seller, whether prepared by a person subject to Division 6 (commencing with Section 17000) of the Financial Code, or by a person exempt from that division under Section 17006 of the Financial Code, shall contain a statement in not less than 10-point type which shall include the license name and the name of the department issuing the license or authority under which the person is operating. This section shall not apply to supplemental escrow instructions or modifications to escrow instructions.
This section shall become operative on July 1, 1993.

Section § 1058

Explanation

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.

Redelivering a grant of real property to the grantor, or canceling it, does not operate to retransfer the title.

Section § 1058.5

Explanation

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.

(a)CA Civil Law Code § 1058.5(a) A notice of nonacceptance of a recorded deed executed by a holder of a security interest, which notice identifies the security interest, contains a legal description of the property, properly identifies the parties to the deed, the date of recordation of the deed, the county in which the project is located, and the county assessor’s parcel number of the real property referenced in the deed, may be recorded in the office of the county recorder where the real property is located.
(b)CA Civil Law Code § 1058.5(b) Where a trustee’s deed is invalidated by a pending bankruptcy or otherwise, recordation of a notice of rescission of the trustee’s deed, which notice properly identifies the deed of trust, the identification numbers used by the recorder or the books and pages at which the trustee’s deed and deed of trust are recorded, the names of all trustors and beneficiaries, the location of the property subject to the deed of trust, and the reason for rescission, shall restore the condition of record title to the real property described in the trustee’s deed and the existence and priority of all lienholders to the status quo prior to the recordation of the trustee’s deed upon sale. Only the trustee or beneficiary who caused the trustee’s deed to be recorded, or his or her successor in interest, may record a notice of rescission.

Section § 1059

Explanation

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.

Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases:
1. Where the instrument is, by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery; or,
2. Where it is delivered to a stranger for the benefit of the grantee, and his assent is shown, or may be presumed.