Escrow By law, escrow and title insurance are not required when transferring ownership to real property, however, they are extremely important. In California, when ownership transfers from one person to another there is usually a neutral third party, called an escrow agent, handling the details of the sale. Further, the purchase agreement is a binding contract that becomes the escrow instructions. There are ten (10) main clauses included in your escrow instruction

Disclosing Material Facts A seller must disclose, in writing, any and all known material facts that affect the value of their property whether the buyer asks or not. Even when a home is sold in "as-is" condition, the seller must still disclose any observable defects as well as any hidden defects. Selling a property "as-is" means that the seller is not going to fix any of the problems the property may have. Material facts that may affect the property value include: The age, co

There are many important clauses within a California Real Estate Purchase Agreement, such as the: Date of the agreement; Names and addresses of the parties to the contract; Description of the property; The consideration or price; Financing and terms; Date and place of closing; and, Signatures of buyer and seller. The Purchase Agreement is the main contract between the buyer and seller and covers contingencies, various inspections, mandatory disclosures, and buyer’s rights to

An encumbrance is a burden upon the real property. An easement is a non-financial encumbrance upon the property where there is a right to enter or use someone else's land for a specified purpose. An easement is non-possessory, meaning that the holder of an easement can use it only for the purpose intended and may not exclude anyone else from using it. Easements may be classified as appurtenant or in gross. An easement appurtenant involves a servient tenement and a dominant te