Legal Question in Real Estate Law in California

Escrow closed, prior owners refuse to leave

I am recording a deed today at 3:00 and the present owners of the property informed me yesterday they are having escrow problems and refuse to leave or drop off the keys to the property until their escrow is cleaned up. What should I do? I am very upset about this. Their realtor has been a very rude & beligerent person to me all along & kept telling mine I was going to back out, not get the property, etc. He dragged his feet on the reports due. I believe he is holding up their escrow on the other property out of spite. The prior owners seem to think their actions are o.k. and could care less about the services I have to cancel. (water, electric, phone). Help!


Asked on 8/17/00, 7:51 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Escrow closed, prior owners refuse to leave

If the escrow on the SUBJECT property (as distinguished from that on some other property involving the sellers but not you) has closed successfully, and a deed has been recorded in your favor, it would seem to me that (absent some other written agreement with the sellers, their tenant if any, etc.) you are entitled to immediate possession. Consult a local attorney, who can advise you as to your right to bring an unlawful detainer or ejectment action. You are also probably entitled to damages if there is any significant delay in getting possession and you are free from blame.

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Answered on 9/22/00, 4:50 pm


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