The sale of real property involves transferring large sums of money and signing important documents by you (the buyer), the seller, and your lender. Escrow is the process in which an impartial third party acts as a stakeholder and facilitator for both you and the seller. Typically this entity is the Title Company. It carries out both parties’ instructions and handles the paperwork, distribution of funds, title insurance, and the transfer and recordation of the title deed. Therefore, the term “in escrow” means that money (or property) has been transferred to this third party.
Escrow is normally opened within one business day of acceptance of the purchase agreement. At this time, your initial deposit, as specified in the contract, is deposited into the escrow account. The duration of the escrow period—from offer acceptance to recordation of the transfer of ownership—is usually 21 to 45 days, though all-cash purchases will sometimes close more quickly.
✔ Property Inspections
Professional inspections probably constitute the most important part of your due diligence on the property, and are typically conducted within 7 to 15 days of offer acceptance. Please review the “Buyer’s Inspection Advisory” carefully. Inspection fees are usually paid by you, but the costs of issues that surface in the course of inspections are normally negotiable between you and the seller (as specified in the purchase contract). It is vital you attend all inspections so you can see for yourself any problems that surface. Ask pertinent questions of the inspector, and gain first-hand knowledge about property conditions and maintenance. You do not want to purchase a property unless you are confident you know what exactly its condition really is—and appearances can be deceiving.
✔ Structural Pest Control Inspection
A licensed structural pest inspector will examine the home for evidence of termites, dry rot, earth to wood contact, water intrusion and beetle infestation, and then will provide a written report and bid for corrective work.
✔ Contractor Inspection
This inspection covers the general condition of the house and major systems such as plumbing, heating and electrical; structural elements; roof; safety features; and building code compliance.
✔ Other Inspections
Inspections by other professionals may be warranted based upon the specific property and disclosures provided by the seller. These include inspections by structural engineers as well as qualified contractors doing more detailed inspections of roofs, fireplaces, sewer lines, electrical and plumbing, underground storage tanks, and environmental hazards. You might also have a professional review the permit history of the property.
✔ Review Disclosures
Sellers of residential properties and the real estate agents involved are required by law to disclose any known material information regarding the condition and circumstances of the property. A number of statutorily required reports and disclosures will be supplied for your careful review (real estate transfer disclosure statement, natural hazards disclosure, lead-based paint, etc.). Sellers of probates and foreclosures are exempted from a number of these requirements.
✔ Finalize Financing
Ideally, you’ve already been pre-approved by the lender of your choice prior to making your offer to buy. During the escrow process, the lender will have the property appraised, and will review the purchase contract, preliminary title report, and other documents it deems necessary prior to giving final loan commitment. This process usually takes two to four weeks. Before funding the loan, it will typically confirm that your financial situation has not changed.
✔ Home Warranty
Home warranties are designed to protect you against unknown defects and failures in certain systems and appliances in your new home, and are well worth your consideration. Your agent can provide information and referrals, outlining procedures, costs and coverage. Either the buyer or the seller may purchase a home warranty.
✔ Remove Contingencies
Once you have completed your inspections and have reviewed the reports and disclosures to your satisfaction, and your lender has completed its appraisal and underwriting process, you will either remove your contingencies as specified in the purchase contract and proceed with the deal, attempt to re-negotiate the deal if you feel that new material issues came up during due diligence, or cancel the transaction if what you learned during due diligence changed your mind about the purchase. If the transaction proceeds, you may be increasing your deposit in escrow – it depends on how the accepted contract was written.
✔ Review and Sign Loan and Closing Documents
Your agent should accompany you to the title company to sign documents. Before going to the title company to sign escrow papers, make sure to do the following:
After both buyer and seller have completed their contractual obligations, and closing documents have been signed, your lender will wire the loan funds into the escrow account. Your title company will then record the title deed and loan deed of trust at the Recorder’s Office. You are now the proud owner of your new home and the keys will be personally delivered to you. Occasionally sellers may request the right to rent back the property after the close of escrow for a short period of time. If you agree to a seller rent-back, the terms are negotiated as part of the purchase contract.
Going through the escrow process takes patience. You are going to have to trust the process. You also will need to be prepared to answer questions and provide paperwork with short notice. The good news is that your agent will be there to help you navigate the process. The members of the Krishnan Team are always ready to help. Have questions? Reach out to us! Call us at 415-735-5867 for a no-obligation consultation. You can also email us at info@ruthkrishnan.com. We’d love to hear from you.
