How a California home sale works, from offer to close
The short answer
A California home sale runs through escrow: a neutral holder keeps the deposit and documents while the buyer works through contingencies, receives the seller’s disclosures and, if borrowing, the lender’s Closing Disclosure. The purchase contract sets most deadlines, federal rules set the lender’s, and the sale closes when the deed records with the county.
What happens after an offer is accepted?
An accepted offer becomes a signed purchase contract, and the parties open escrow with a neutral escrow holder. From that point the contract’s clock runs: the buyer delivers the deposit, the seller delivers disclosures, and the buyer investigates the property and, if borrowing, completes the loan. Each step has a deadline in the contract, and most of those deadlines are negotiable.
- Acceptance and opening of escrow. Both sides sign, and escrow receives the contract and the buyer’s deposit.
- Disclosures and title. The seller delivers the statutory disclosures, and the title company issues a preliminary report.
- Investigation. The buyer inspects the property, reviews documents and works through the appraisal and loan.
- Contingency removal. The buyer removes each contingency or cancels, following the procedure in the contract.
- Final loan figures. If there is a loan, the borrower receives the Closing Disclosure at least three business days before becoming obligated on it9.
- Signing, funding and recording. Documents and funds reach escrow, the deed records, and escrow pays out.
Michael’s sales record
According to the MLS credit lines in his sales archive, Michael has represented sellers in Corona del Mar, buyers in Irvine, and both sides of sales in Corona del Mar, Newport Beach and Irvine. Irvine alone holds five of his sales: both sides of three, and the buyer’s side of two. The archive lists each sale with his side noted.
What does the escrow holder do in California?
An escrow holder is a neutral third party that keeps the deposit, the deed and other documents until the conditions the parties agreed to are met, then delivers them. California Financial Code §17003 defines escrow in those terms1. The Department of Financial Protection and Innovation (DFPI) administers the Escrow Law, which it says protects members of the public who entrust money or other assets to independent escrow agents2.
Escrow can be handled by an independent escrow company licensed by DFPI, or by a controlled escrow that DFPI does not license, such as one run by an attorney, a real estate broker or a title insurance company3. Either way, escrow acts on written instructions from the parties for payoffs, prorations, recording and disbursement.
The title company works alongside escrow. Its preliminary report is an offer to issue a title policy subject to the exceptions it lists, and under Insurance Code §12340.11 it is not a representation of the condition of title4. Read the listed exceptions closely, because they describe what the policy would not cover.
What are contingencies, and how long do they last?
A contingency is a condition in the purchase contract that lets the buyer cancel if something specific does not check out, such as the inspection, the appraisal, the loan or the review of documents. The contract sets each contingency period. The standard California purchase form sets default periods, and the parties can shorten, lengthen or waive them.
Form defaults can change between versions, so read the version you are signing rather than relying on a number from an older form or another state. The usual contingencies cover:
- Investigation: inspections, reports and the buyer’s review of the property’s condition.
- Appraisal: whether the property appraises at or above an agreed value.
- Loan: whether the buyer obtains the financing the contract describes.
- Documents: the seller’s disclosures, the preliminary title report and, in a condominium or planned community, the HOA resale documents listed in Civil Code §45255.
If a sale is cancelled, releasing the deposit takes whatever documents the escrow holder requires from both parties. For a one-to-four-unit home the buyer intends to occupy, Civil Code §1057.3 makes a buyer or seller who fails to sign within 30 days of the other party’s written demand, without a good-faith dispute over the money, liable for the deposit, treble damages of at least $100 and at most $1,000, and reasonable attorney’s fees6.
When do disclosures arrive, and can a buyer cancel?
The seller must deliver the Transfer Disclosure Statement as soon as practicable before transfer of title (Civil Code §1102.3). If it arrives after the buyer’s offer is signed, the buyer may terminate by written notice within three days of delivery in person, or five days after delivery by mail or electronic record7. The Natural Hazard Disclosure follows the same delivery rule and termination window8.
The same right applies when a material amendment to either disclosure is delivered after the offer7,8. Sellers have a practical reason to disclose early and accurately, because a late correction gives the buyer a new window to cancel. A separate guide covers the full list of California seller disclosures, including the 2025 and 2026 additions.
What are the lender’s disclosure deadlines?
Federal rules set two fixed lender deadlines. The Loan Estimate must be delivered or mailed no later than the third business day after the lender receives the loan application. The borrower must then receive the Closing Disclosure at least three business days before consummation (12 CFR §1026.19)9. These apply alongside whatever dates the purchase contract sets.
Consummation is the time the borrower becomes contractually obligated on the loan. Regulation Z leaves that point to applicable state law10. For the Closing Disclosure count, a business day is every calendar day except Sundays and federal public holidays10.
A corrected Closing Disclosure restarts the three-business-day wait only if the APR becomes inaccurate, the loan product changes or a prepayment penalty is added9. Other corrections can be made at or before consummation without a new waiting period.
How long does escrow take?
Escrow takes as long as the purchase contract says. No California statute sets a standard escrow length. The close-of-escrow date is a negotiated term, and the contingency and disclosure deadlines lead up to it. Plan around the dates in your own contract and the steps that tend to set them:
- Financing. A loan adds the appraisal, underwriting and the Closing Disclosure’s three-business-day wait9.
- Inspections and reports. Each one has to be scheduled, completed and read before the investigation deadline.
- HOA documents. An association must deliver resale documents within 10 days of a request (Civil Code §4530)11.
- Seller authority. A trustee or estate representative may need to document the authority to sell before escrow can close.
An all-cash purchase removes the loan steps but leaves the disclosure periods, and the buyer’s right to cancel after a late disclosure, in place7.
What happens at closing and recording?
Escrow closes when the deed is recorded with the county recorder and the funds are disbursed. Before that, the buyer signs the loan documents and the loan funds, the seller signs the deed, and escrow sends the deed for recording. A recorded deed gives constructive notice of the transfer to later purchasers and lenders under Civil Code §121312.
Several items settle through escrow at closing:
- Documentary transfer tax. In Newport Beach and Irvine, the combined county and city rate is $1.10 per $1,000 of the price, excluding liens that stay on the property13,14,15. In Orange County the seller customarily pays it, though the contract can say otherwise16.
- California withholding. Escrow withholds 3 1/3% of the sales price, or an elected alternative, for the Franchise Tax Board unless an exemption applies, such as a qualifying principal residence17.
- Prorations and payoffs. Property taxes, HOA dues and existing loans are settled as the escrow instructions direct.
After closing, the buyer should expect a supplemental property tax bill or refund. A change in ownership triggers a prorated supplemental assessment for the rest of the fiscal year, according to the State Board of Equalization18.
Questions and answers
- How long does escrow take in California?
- The purchase contract sets the escrow period, because no California statute sets a standard length. The parties negotiate the closing date and the deadlines before it. Financing, inspections, HOA document delivery and, in trust or estate sales, proof of the seller’s authority usually shape the calendar. Plan around the dates in your own contract.
- Can a buyer back out after an offer is accepted in California?
- A buyer can cancel on the terms the contract allows, usually by using a contingency before its deadline. California law adds a separate right: if the Transfer Disclosure Statement or Natural Hazard Disclosure arrives after the offer is signed, the buyer may terminate within three days of delivery in person, or five days after mail or electronic delivery.
- When will I receive the Closing Disclosure?
- Under federal rules, the lender must ensure you receive the Closing Disclosure at least three business days before consummation, when you become obligated on the loan. For this count, business days include Saturdays but not Sundays or federal holidays. A new three-day wait applies only if the APR becomes inaccurate, the product changes or a prepayment penalty is added.
- What does an escrow holder do in a California home sale?
- An escrow holder keeps the buyer’s deposit, the deed and other documents as a neutral party and releases them when the conditions the parties agreed to are met. Escrow follows the parties’ written instructions on loan payoffs, prorations, recording and disbursement. It does not act as the buyer’s or the seller’s advocate in the transaction.
- Who pays the transfer tax when selling a house in Newport Beach?
- In Orange County the seller customarily pays the documentary transfer tax, though the purchase contract can assign it differently. The combined county and city rate in Newport Beach and Irvine is $1.10 per $1,000 of the price, excluding liens that remain on the property. Escrow collects it when the deed is recorded.
Sources
Checked
- 1California Legislative Information, Financial Code §17003 (definition of escrow) Accessed .
- 2California Department of Financial Protection and Innovation, About the Escrow Law Accessed .
- 3California Department of Financial Protection and Innovation, Escrow: Consumer Information Accessed .
- 4California Legislative Information, Insurance Code §12340.11 (preliminary reports) Accessed .
- 5California Legislative Information, Civil Code §4525 (HOA resale documents) Accessed .
- 6California Legislative Information, Civil Code §1057.3 (return of escrow deposits) Accessed .
- 7California Legislative Information, Civil Code §1102.3 (Transfer Disclosure Statement delivery) Accessed .
- 8California Legislative Information, Civil Code §1103.3 (Natural Hazard Disclosure delivery) Accessed .
- 9Consumer Financial Protection Bureau, TILA-RESPA Integrated Disclosure FAQs Accessed .
- 10Consumer Financial Protection Bureau, Regulation Z §1026.2 (definitions of business day and consummation) Accessed .
- 11California Legislative Information, Civil Code §4530 (HOA document delivery and fees) Accessed .
- 12California Legislative Information, Civil Code §1213 (effect of recording) Accessed .
- 13California Legislative Information, Revenue and Taxation Code §11911 (county documentary transfer tax) Accessed .
- 14California Legislative Information, Revenue and Taxation Code §11931 (city transfer tax and county credit) Accessed .
- 15Californiacityfinance.com, California City Documentary and Property Transfer Tax Rates (effective Dec. 1, 2025) Accessed .
- 16Old Republic Title, Guide to Closing Costs (California customs by county) Accessed .
- 17California Franchise Tax Board, 2025 Instructions for Form 593 (real estate withholding) Accessed .
- 18California State Board of Equalization, Publication 29, California Property Tax: An Overview (March 2025) Accessed .
Please note
This article is general information about California real estate, current as of October 2, 2026. It is not legal or tax advice. Laws and figures change, and how they apply depends on your circumstances. Talk to a California attorney or a tax professional before acting. Michael Hahn is a licensed real estate salesperson, not an attorney or tax adviser.