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Transfer Of PropertyClosing_and_escrowEASY

Under California law, which parties are required to sign the escrow instructions in a residential real estate transaction?

Correct Answer

D) Both the buyer and the seller, reflecting each party's obligations to the escrow holder

California law requires both the buyer and the seller to sign escrow instructions. The escrow holder acts as a neutral stakeholder serving both parties simultaneously, and its authority to act is derived from the written instructions of both sides. Escrow may be structured as bilateral instructions (one document signed by both parties) or as separate unilateral instructions from each party that must be consistent with one another. Either way, both parties must authorize the escrow holder's actions in writing.

Answer Options
A
Only the buyer, since the buyer initiates the deposit of funds into escrow
B
The listing broker and selling broker, as licensed representatives of their respective clients
C
Only the seller, since the seller holds title and must authorize its transfer
D
Both the buyer and the seller, reflecting each party's obligations to the escrow holder

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Related Topics & Key Terms

Key Terms:

escrow_instructionsmutual_agreementbuyer_sellercalifornia_escrow
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