Los Angeles seller guide
What If My Los Angeles Home Is Damaged Before Escrow Closes?
If your Los Angeles home is damaged before escrow closes, Civil Code 1662 lets the buyer refuse to close and recover the deposit when all or a material part is destroyed (CA Civil Code, Civil Code section 1662, checked October 28, 2026). For lesser damage the standard contract sells the home in its present condition, so expect to fix it or pay for it (California Department of Real Estate, DRE Reference Book, Chapter 20, checked October 28, 2026).
Most Los Angeles sales close without incident, but the weeks between acceptance and recording leave your house exposed to a burst pipe, a kitchen fire, a storm leak, or a brush fire. This article covers only that risk: who bears the loss, which calls to make first, what the buyer can do, and how an insurance claim changes what you collect. The hub article covers the overall timeline.
The short answer
If all or a material part of your home is destroyed before title and possession transfer, Civil Code 1662 lets the buyer walk away and recover the deposit. It gives you no right to cancel. Smaller damage is settled by repair, credit, or delay, and the contract starts from the home's present condition and expects it to stay that way until closing. Keep insurance in force, notify escrow and the buyer in writing, and send an amended disclosure, which can reopen a cancellation window for the buyer. A California real estate attorney can tell you how this applies to your file.
Damage during escrow? Know your options
Get a current value range to weigh a repair, a price reduction, or a credit when the buyer asks, or call to talk through how damage changes the price and timing of your sale.
Who bears the risk of loss between acceptance and closing in California?
In a California home sale, accepting an offer does not move ownership. Legal title typically passes to the buyer when the deed records at the close of escrow, and in many Los Angeles residential sales the buyer takes possession at that same moment or on a date the contract sets. Until then you still own the house, hold the keys, and carry day-to-day responsibility for it.
Risk of loss is the legal question of who absorbs the financial hit when the property is damaged during that gap. California answers it with a statute that applies when the contract is silent, and with contract language that applies when the contract speaks. Because wording changes between revisions of the C.A.R. residential purchase agreement, check the version in your contract.
Two facts drive almost every outcome: whether all or a material part of the home is destroyed, and whether title or possession has already moved. The sections below show how each one plays out for a seller.
What does Civil Code 1662 say if the home is destroyed?
Civil Code 1662 is California's version of the Uniform Vendor and Purchaser Risk Act. Subdivision (a) covers the situation where neither legal title nor possession has transferred. If all or a material part of the property is destroyed without the purchaser's fault, or is taken by eminent domain, the vendor cannot enforce the contract and the purchaser may recover any portion of the price already paid (CA Civil Code, section 1662).
The statute protects the buyer, not you. It gives the seller no right to walk away, a seller who stops performing without a right in the contract can face a breach claim, and a buyer who still wants the home may choose to close with a credit or an assignment of your insurance claim. Have an attorney review your purchase agreement before you send any cancellation notice.
The words "material part" matter. A serious kitchen fire or a major roof and structural loss can be destruction of a material part, which lets the buyer refuse to close and recover the deposit. Whether a partial loss is material is a question of fact, not a formula. These are factors that tend to push damage toward "material," offered as factors and not a legal test:
- Rooms or systems that leave the home unfit to live in.
- Structural or roof loss, or damage that affects safety, soundness, or structural integrity.
- Repairs that need permits and may outlast the closing date.
- Repair cost that is large compared with the price.
Photograph the damage and get a contractor's scope in writing early, because both sides will argue from that scope.
Subdivision (b) flips the result. If legal title or possession has transferred and the property is destroyed without the vendor's fault, the purchaser is not relieved of the duty to pay the price (CA Civil Code, section 1662). In a typical Los Angeles sale, title and possession move at recording or on the date the contract sets, so subdivision (b) rarely comes into play before closing.
Early occupancy is the exception. If the buyer moves in before closing, risk can shift under subdivision (b), so both sides need written occupancy terms and insurance. If you rent back after recording, the buyer will normally insure the dwelling and you need your own coverage for contents and liability, so confirm both in the rent-back terms.
Civil Code 1662 yields to an express contrary provision in the contract. Ask your agent whether your revision or an addendum has a damage clause before you assume the buyer can, or cannot, walk away.
Worried about a damaged home?
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What does the C.A.R. purchase agreement say about damage and property condition?
The C.A.R. Residential Purchase Agreement (RPA) is a form the California Association of REALTORS revises periodically, and the current revision is available to members only. The December 2018 revision, which C.A.R. publishes as a public sample, has no separate damage-or-destruction paragraph, so Civil Code 1662 supplies the rule unless your revision or an addendum says otherwise (C.A.R., California Residential Purchase Agreement (RPA-CA) Revised 12/18, public sample, checked October 28, 2026). Ask your agent to confirm for your revision before you promise the buyer anything.
The sample speaks to condition in two places. Paragraph 11 sells the property "as is" in its present physical condition and requires the property, including pool, spa, landscaping and grounds, to be maintained in substantially the same condition as on the date of Acceptance, and paragraph 15 lets the buyer verify that maintenance before closing (C.A.R., RPA-CA 12/18 public sample).
The California Department of Real Estate describes the buyer's right to make a final inspection, typically within 5 days prior to closing, not as a contingency of the sale, solely to confirm the property is in the same condition, agreed repairs are completed, and the seller has complied with other contractual obligations (California Department of Real Estate, DRE Reference Book ch. 20).
The same chapter says that, unless otherwise agreed in writing, the property is sold in its present physical ("as is") condition, subject to the buyer's right to inspect and investigate (California Department of Real Estate, DRE Reference Book ch. 20). Because the seller must keep the home in that condition and the final verification checks it, expect to fix the damage or pay for it. DRE also lists the C.A.R. Verification of Property Condition (VP) among the standard forms used in a purchase transaction, so ask your agent whether it applies to your walkthrough.
Removing contingencies ends the buyer's right to cancel under those contingencies, and the final verification is not a contingency of the sale. Two exits can remain. Unless your contract says otherwise, Civil Code 1662(a) still applies if all or a material part of the home is destroyed before title or possession transfers. And in the December 2018 sample, paragraph 10A(7) lets the buyer cancel within 3 days after in-person delivery, or 5 days after mail or electronic delivery, of any subsequent or amended disclosure or notice delivered after the offer is signed (C.A.R., RPA-CA 12/18 public sample). That right is not limited to material amendments, and the sample does not tie it to the contingency periods.
Should I keep my homeowners insurance active until the deed records?
Yes, keep it in force until escrow records the deed. Cancelling early to save a premium leaves you holding an uninsured loss on a house you still own. Replace or cancel the policy only after your escrow officer confirms the sale has closed and the deed is recorded.
Insurance also shapes the buyer's side of the deal. The DRE reference chapter describes a typical 17 days for the buyer to inspect and investigate the property, including its insurability (California Department of Real Estate, DRE Reference Book ch. 20). A buyer who cannot insure a Los Angeles hillside home may cancel within the investigation period, and a fresh loss can complicate the quote the buyer receives.
Read your policy now for three items:
- Whether coverage changes if you move out before closing, since some policies limit coverage for vacant homes.
- Your dwelling limit and deductible, which set what a claim can actually pay.
- Exclusions for water, earthquake, and fire hazard zone properties.
Your insurance agent can confirm each item in writing, and that email belongs in your transaction file.
Who do I notify first, and do I need to amend my disclosures?
Start with safety, then your insurer and your listing agent on the same day. Put the facts in writing to escrow and the buyer's agent soon after.
- Stop further harm by shutting off water, gas, or power as safety allows, and call 911 for fire.
- Photograph and video the damage before any cleanup.
- Report the claim to your insurer and keep the claim number.
- Ask your listing agent to send written notice to the buyer's agent and the escrow officer.
- Save receipts for emergency repairs and mitigation.
- Give your listing agent the claim number and the adjuster's scope for the disclosure.
Put new damage in a written amended disclosure, and include the insurance claim, since the DRE chapter says the seller must disclose material facts and defects including known insurance claims (California Department of Real Estate, DRE Reference Book ch. 20). The statute does not itself require an update for damage that happens after delivery (CA Civil Code, section 1102.5, checked October 28, 2026). The purchase agreement's subsequent-disclosure terms typically do: in the December 2018 RPA sample, paragraph 10A(6) requires a prompt written amended disclosure when the seller learns of adverse conditions materially affecting the property (C.A.R., RPA-CA 12/18 public sample).
Sending that amendment can reopen a cancellation window for the buyer, and you should still send it. In the same sample, paragraph 10A(7) gives the buyer 3 days after in-person delivery, or 5 days after mail or electronic delivery, to cancel after receiving any subsequent or amended disclosure or notice, not only a material one, and the sample does not tie that right to the contingency periods, so it can apply after contingencies are removed (C.A.R., RPA-CA 12/18 public sample).
Civil Code 1102.9 lets the seller amend a disclosure in writing, and the amendment is subject to Civil Code 1102.3, which gives the buyer 3 days after in-person delivery, or 5 days after delivery by mail or of an electronic record, to terminate when the amendment is material (CA Civil Code, section 1102.9, checked October 28, 2026; CA Civil Code, section 1102.3, checked October 28, 2026). Whether an update is material is a judgment call, so disclose it in writing anyway, and confirm the paragraph numbers in your revision.
Each party has a distinct role. The California Department of Real Estate describes the escrow holder as a neutral third party that holds documents and funds in trust until the contract conditions are met (California Department of Real Estate, Surviving the Real Estate Escrow Process in California, checked October 28, 2026). The contract and the statute set the rule, you and the buyer agree in signed instructions, the buyer's lender decides whether it will fund, and escrow carries out what both parties sign.
What can the buyer do after the home is damaged?
The buyer's options depend on how severe the damage is, which contingencies are still open, and what the purchase agreement says. While the buyer's investigation contingency is open, the buyer can cancel in writing whether or not the damage is material, and a buyer whose lender will not fund against the home's condition may be able to cancel under an open loan or appraisal contingency (C.A.R., RPA-CA 12/18 public sample, paragraphs 3 and 14B). Your own move is to choose how to fix the damage or make the buyer whole.
| Path | What it looks like | Who decides |
|---|---|---|
| Cancel | Buyer cancels in writing under an open contingency, cancels within the window after an amended disclosure (RPA 12/18 sample, paragraph 10A(7)), or declines to close under Civil Code 1662 if all or a material part is destroyed | Buyer elects; both parties sign cancellation and deposit-release instructions |
| Closing credit | Seller credits part of the buyer's closing costs and the buyer fixes the damage after closing. The buyer's loan caps it. Fannie Mae allows 3%, 6% or 9% by loan-to-value for a principal residence or second home (2% for an investment property), and FHA allows 6%. A credit cannot exceed the buyer's actual closing costs, Fannie Mae does not count customary seller-paid costs against its cap, and a cash buyer has no lender cap because the caps are tied to the buyer's loan. Other loan programs set their own limits, so ask the buyer's lender | Buyer and seller by signed amendment, if the buyer's lender allows the credit |
| Price reduction | Seller lowers the contract price by the repair amount. A loss larger than the credit cap usually has to go here | Buyer and seller by signed amendment, with the lender sizing the loan on the lower of the new price or the appraised value |
| Repair | Seller completes licensed repairs, often with a closing extension, and the buyer re-verifies the home | Seller and buyer by signed amendment, with the insurer on claim work |
| Assign proceeds | Seller closes as is and assigns the claim to the buyer by written agreement | Seller and buyer in a signed written assignment, on conditions the buyer's lender may set |
A credit sounds simple, but the buyer's loan sets its size, not the repair form. For a principal residence or second home, Fannie Mae caps these contributions at 3% of the lower of the sales price or appraised value when the loan-to-value ratio is above 90%, 6% from 75.01% to 90%, and 9% at 75% or less, and a credit cannot exceed the buyer's actual closing costs (Fannie Mae, Selling Guide B3-4.1-02, Interested Party Contributions, checked October 28, 2026). FHA allows up to 6% of the sales price (FHA, Single Family Housing Policy Handbook 4000.1, checked October 28, 2026). Larger repair amounts usually have to go into a price reduction instead. The repair credit article weighs a credit against doing the repairs.
If the lender allows less than the agreed credit, the December 2018 RPA sample reduces the credit to the lender's number and adds no automatic price adjustment unless the parties agreed otherwise in writing (C.A.R., RPA-CA 12/18 public sample, paragraph 3J). Write the fallback into your amendment.
The lender also looks at the damage itself. After a disaster, Fannie Mae's rule is that the lender decides whether a re-inspection or new appraisal is needed, and uninsured damage, or damage affecting safety, soundness, or structural integrity, must be repaired before the loan is delivered (Fannie Mae, Selling Guide B2-3-05, Properties Affected by a Disaster, checked October 28, 2026). For isolated damage such as a single kitchen fire or burst pipe, expect the appraiser to report the condition and to appraise the home subject to repairs that affect safety, soundness, or structural integrity, which must be done before the loan can be sold to Fannie Mae (Fannie Mae, Selling Guide B4-1.3-06, Property Condition and Quality of Construction of the Improvements, checked October 28, 2026). Build in time for a closing date that slips.
The right path depends on the size and type of damage.
| Damage type | Likely path | Who pays the deductible | Work before closing |
|---|---|---|---|
| Cosmetic, such as a small leak stain | Repair or a small credit | You, as policyholder, if you file | Patch, paint, and receipts for the buyer's walkthrough |
| Systems, such as a burst pipe or water heater leak | Licensed repair with a short extension, or a credit | You, as policyholder, if you file; the claim may cover the resulting water damage but not the failed part | Plumber or electrician invoice, dry-out proof, buyer re-verification |
| Structural, such as roof, foundation, or fire | Cancellation, a long extension, or a price reduction | You, as policyholder, unless the amendment shifts it | Permits, engineer or contractor scope, and lender sign-off |
| Destroyed home | Buyer may cancel under Civil Code 1662(a) | You, on your own claim, whether or not the sale ends | Written cancellation instructions to escrow |
Policies usually exclude wear and tear, so the worn-out appliance itself is usually not what a homeowners claim pays for. The California Department of Insurance gives a burst water heater as its example: the homeowners policy pays to fix the wall and floor damage, while the heater is a matter for a home warranty (California Department of Insurance, Residential Insurance: Homeowners and Renters, checked October 28, 2026). Ask your insurer in writing what your policy covers.
Deposit release needs care. A disputed deposit is released only on matching signed instructions from both parties, or after a mediation, arbitration or court outcome. The December 2018 sample says release requires mutual signed release instructions, a judicial decision or an arbitration award, and it also lets one party make a written demand to escrow, which escrow can pay out if the other party does not object within 10 days (C.A.R., RPA-CA 12/18 public sample, paragraph 14H). DRE describes the disposition of funds on deposit as bilateral, and says the RPA provides for mediation before arbitration or court action (California Department of Real Estate, DRE Reference Book ch. 20). Civil Code 1057.3 can penalize a party who fails to sign a release within 30 days of a written demand, unless the funds are held to resolve a good faith dispute. For 1 to 4 unit homes the buyer intends to occupy, the exposure is the funds not held in good faith, statutory damages of treble the funds withheld, but no less than $100 or more than $1,000, and attorney's fees (CA Civil Code, California Civil Code section 1057.3, checked October 28, 2026).
Credit or price cut? Check your number
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How do Los Angeles wildfire, storm, earthquake and pipe-burst risks change the picture?
Parts of Los Angeles sit in a very high fire hazard severity zone, an earthquake fault zone, or a seismic hazard zone. California Civil Code 1103 requires a seller or agent to disclose those zones when the seller has actual knowledge or the local jurisdiction has posted the required parcel list or map, and any waiver is void (CA Civil Code, California Civil Code section 1103, checked October 28, 2026).
| Event | Coverage question to ask | Who weighs in |
|---|---|---|
| Wildfire or smoke | Does the policy cover fire and smoke, and will the insurer keep renewing nearby policies? | Insurer and California Department of Insurance |
| Winter storm roof leak | Is the water damage sudden and covered, or treated as maintenance? | Insurer, roofer, and inspector |
| Earthquake | Standard homeowners policies exclude earthquake damage unless you bought a separate earthquake policy, so do you have one? A standard California homeowners policy still covers fire that follows an earthquake. | Insurer, structural engineer, and lender |
| Burst or leaking pipe | Was the leak sudden, and has mold set in? | Insurer, plumber, and escrow |
The California Department of Insurance explains that homeowners insurers must make a written earthquake coverage offer, and that the California Earthquake Authority provides most earthquake insurance in the state through member insurers (California Department of Insurance, Earthquake Insurance consumer guide, checked October 28, 2026).
The January 2025 Palisades and Eaton fires brought a one-year moratorium on residential cancellations and nonrenewals in listed ZIP codes, measured from the Governor's January 7, 2025 declaration (California Department of Insurance, Mandatory One-Year Moratorium on Non-Renewals, checked October 28, 2026). That moratorium ran one year from January 7, 2025 and has ended. Policyholders with a total loss have additional protections under California law, so check the same California Department of Insurance page or ask your insurer. The page also lists any newer declaration covering your ZIP code. Under the standing rule, an insurer cannot cancel or decline to renew a residential policy for a property in a ZIP code within or adjacent to a wildfire perimeter, based solely on that location, for one year after a state of emergency is declared (California Department of Insurance, 2026 Annual Notice, checked October 28, 2026). The protection covers policies already in force, so a buyer applying for new coverage is not protected.
A buyer who cannot find coverage in the regular market may turn to the California FAIR Plan, which offers a limited residential fire policy with a $3 million maximum per location, while water damage and liability coverage require a separate Difference in Conditions policy (California Department of Insurance, California FAIR Plan, checked October 28, 2026).
Repairs after a fire or major loss in the City of Los Angeles run through LADBS, which publishes the formal permit process for wildfire work and offers accelerated plan review options such as self-certification by qualified professionals (LADBS, 2025 Los Angeles Wildfires Information, checked October 28, 2026). Outside city limits, check which agency covers your address. In unincorporated Altadena, for example, the LA County One-Stop Permit Center connects residents with the building and planning departments responsible for their area (County of Los Angeles, One-Stop Permit Centers, checked October 28, 2026).
Some incorporated cities contract with the County's Building and Safety division (County of Los Angeles, Los Angeles County Building and Safety, About, checked October 28, 2026), while others, like the City of Los Angeles, run their own, so confirm which office issues permits for your address before you schedule repairs. Permit review adds time to a repair-based extension, so price the delay with your contractor.
How do insurance claims and repair timing affect what I recover at closing?
A claim may not resolve before a standard closing date, since adjusters inspect, contractors bid, and payments can arrive in stages. The realistic choices are to delay the close, close with a credit or assigned claim, or cancel. Escrow needs a signed amendment from both parties to move the closing date.
If the buyer cancels, disclose the damage, the claim and any known defects the buyer's inspections found to the next buyer, because the seller's duty to disclose material facts and known insurance claims does not end with the first buyer (California Department of Real Estate, DRE Reference Book ch. 20). Expect the claim to show on the home's insurance loss history as well. Insurers report claims to shared databases such as CLUE, where claims against an address appear no matter who owned the home, and insurers use that history when they underwrite a new buyer's coverage (California Department of Insurance, Underwriting Guidelines and Access to Homeowners Insurance, 2004 study, checked October 28, 2026).
The money question is the holdback. When a replacement-cost policy requires repair or replacement first, the insurer pays actual cash value up front and pays the difference up to the policy limit only after the work is done (California Insurance Code, Insurance Code section 2051.5, checked October 28, 2026). After a total loss, a policy cannot deny replacement cost because the insured rebuilds or buys elsewhere, up to the cost to rebuild at the original location.
| Your choice | What you collect | What to confirm with the adjuster in writing |
|---|---|---|
| Repair before closing | Actual cash value now, then the depreciation holdback after the work is finished | Proof of completion the insurer needs to release the holdback |
| Close with a credit, unrepaired | Actual cash value now. After a total loss you may still collect replacement cost by rebuilding or buying a replacement home elsewhere within the policy window (Insurance Code 2051.5(b), (c)); after a partial loss the holdback usually depends on repairs to the insured home. | Whether any holdback survives the sale |
| Assign the claim to the buyer | The credit or price you negotiate, while the buyer pursues the claim | Whether the holdback follows the assignment under your policy |
Insured homeowners have no less than 12 months from the first actual cash value payment to collect full replacement cost, and no less than 36 months when the loss relates to a declared state of emergency (California Department of Insurance, 2026 Annual Notice, citing Insurance Code 2051.5(b)). The insurer must also grant one or more further 6-month extensions for good cause when you act in good faith and with reasonable diligence and permit, materials or contractor delays are beyond your control (California Insurance Code, section 2051.5(b)(2)). Those windows belong to the insured, so a buyer inherits them only through a written assignment.
A post-loss claim can generally be assigned by written agreement, because an agreement not to transfer an insured's claim after a loss is void if made before the loss (California Insurance Code, Insurance Code section 520, checked October 28, 2026). The buyer's lender may set conditions, and the assignment should be in writing and signed by both sides.
If you have a mortgage, your current lender is usually a co-payee on claim checks for the dwelling. The standard fire policy form contemplates loss payable to a designated mortgagee (California Insurance Code, Insurance Code section 2071, checked October 28, 2026). That lender may control the release of funds, sometimes in stages, so deal with it in the payoff demand and in any assignment, and coordinate with escrow.
Before you agree to any credit or closing extension, confirm in writing with your adjuster that the sale does not end your claim rights or your holdback.
Credit or extension on the table?
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Frequently asked questions
Can a buyer back out if my house is damaged during escrow?
Sometimes. While the buyer's contingencies are still open, the buyer can usually cancel under them in writing, whether or not the damage is material. Separately, Civil Code 1662 lets the buyer refuse to close and recover money paid if all or a material part of the home is destroyed before title or possession transfers. Lesser damage is usually settled through repair, credit, or delay, because the standard contract sells the home in its present physical condition.
Do I have to tell the buyer about a small leak that appears before closing?
Usually yes, because a seller must disclose known material facts. Civil Code 1102.5 does not itself require an update for damage after delivery, but the purchase agreement's subsequent-disclosure terms typically do. Put it in writing, including any insurance claim. An amended disclosure can reopen a cancellation window: the December 2018 RPA sample gives the buyer 3 days in person or 5 days by mail or electronic delivery to cancel after any amended disclosure, and Civil Code 1102.3 gives a similar right for material amendments.
Does the buyer get my insurance money if I sell the damaged home?
Not automatically. A post-loss claim can generally be assigned by written agreement, so the claim stays with you unless you sign one. The buyer's lender may set conditions, and your own lender is usually a co-payee on dwelling checks. Some sellers repair first, while others close with a credit. Put any assignment in writing, and confirm the holdback with your adjuster.
What if damage is discovered during the final walkthrough?
The buyer can raise it under the contract's property condition terms. Because the final verification checks that the home is in the same condition, the usual outcomes are a repair, a credit, or a delayed closing. The walkthrough is not a fresh inspection contingency. Escrow needs a signed amendment for any change, and the buyer's lender must be willing to fund on the final arrangement.
Can my insurer drop my policy because of a nearby wildfire?
California limits that. After a state of emergency is declared, an insurer generally cannot cancel or decline to renew a residential policy in ZIP codes within or adjacent to the fire perimeter based solely on wildfire location, for one year. The protection covers policies in force, not new applicants. The one-year moratorium after the January 2025 fires has ended, so check the California Department of Insurance for any newer declaration covering your ZIP code.
Who holds the buyer's deposit while we sort out the damage?
The escrow holder keeps the good-faith deposit in trust as a neutral third party. A disputed deposit is released only on matching signed instructions from both parties, or after a mediation, arbitration or court outcome. Check your contract's dispute terms, because mediation may come first. Civil Code 1057.3 can penalize a party who fails to sign a release within 30 days of a written demand, unless the funds are held over a good faith dispute.
Does removing contingencies mean the buyer has to close on a damaged house?
Not necessarily. Removing contingencies ends the buyer's right to cancel under those contingencies, but not every exit. Unless your contract says otherwise, Civil Code 1662(a) still lets the buyer refuse to close if all or a material part of the home is destroyed before title or possession transfers. In the December 2018 RPA sample, the buyer can also cancel within 3 days after in-person delivery, or 5 days after mail or electronic delivery, of any amended disclosure, even after contingencies are removed.
Can I cancel the sale myself if my home is badly damaged?
Usually not on your own. Civil Code 1662(a) gives the right to refuse to close and recover the price paid to the buyer, and it gives the seller no right to walk away. Unless your contract allows it, a seller who stops performing can face a breach claim, and a buyer may choose to close with a credit or an assignment of the claim. Get the contract reviewed before you send any cancellation notice.
Damaged home and an open escrow?
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This guide is educational and is not legal, tax, title, lending, or insurance advice. Contract forms, statutes, and lender rules change. Confirm the terms that apply to your sale with your escrow officer, title officer, lender, or a California real estate attorney.






