California Real Estate Practice Exam

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Which of the following would constitute a proper delivery of a deed?

After signing, seller gave to broker with instructions to give it to buyer.
After signing the deed, Grantee personally delivers to Grantor.
Escrow delivers deed to buyer without completed (signed) instructions.
Escrow mailing the deed to the Grantee after signed by seller, and after all other requirements of the escrow had been met, but also after the seller had died.

The correct answer is: After signing, seller gave to broker with instructions to give it to buyer.

A proper delivery of a deed is crucial for the legal transfer of property ownership. The scenario where, after signing, the seller gives the deed to a broker with instructions to convey it to the buyer exemplifies an effective delivery. In this case, the broker acts as an agent of the seller and is entrusted with the deed's delivery, which indicates the seller’s intention to transfer ownership and allows the transaction to move forward. The other scenarios present complications that affect valid delivery. For example, when the grantee personally delivers the deed back to the grantor, it negates the transfer, as the deed should be moving from the grantor to the grantee. With the escrow process, delivery is also critical; if the escrow company delivers the deed without complete instructions, it undermines the required procedures for an effective title transfer. Lastly, mailing the deed after the seller's death raises issues regarding authorization and intentions, as the seller can no longer command delivery of the deed.