Legal Question in Real Estate Law in California

REO Handing over of keys

I have just been speaking with a friend whose friend signed escrow papers on October 23rd. He still has not received the keys from his Realtor. Apparently the Bank who owned the property will not release the keys and are saying that he can�t have the keys until the sale has been recorded. How long can this go on? As the house is standing empty?


Asked on 10/31/08, 5:50 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: REO Handing over of keys

Signing "Escrow Papers" does not mean your friend owns the home. Your friend does not "own" the home until escrow closes. I hope your friend is represented by a real estate agent or some other professional (who should have advised him or her of this fact) because by the nature of the question you asked, its real clear your friend is completely ignorant of how real estate transactions work. Frankly, if your friend did not read the purchase agreement (which will provide when possession of the home is to be transferred to the buyer - often two days after escrow closes) to know that he cannot have possession until the sale closes escrow, then your friend probably has no business buying a home. The Purchase Agreement sets out a lot of obligations and rights and if your friend has not read and understood them, your friend may well be in for a very big surprise down the road. I STRONGLY encourage your friend to seek some professional assistance before it is too late.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/03/08, 1:05 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: REO Handing over of keys

There is something lost in translation here from friend to friend to friend.

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Answered on 10/31/08, 5:53 pm


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