California Real Estate SalespersonTransfer of PropertyHard
A grantor signs and dates a grant deed conveying property to a buyer but keeps the deed in a locked desk drawer, intending to give it to the buyer only after receiving full payment next month. The grantor dies before delivering the deed. What is the legal status of the attempted conveyance?
- ATitle passed because the deed was dated and notarized
- BTitle passed automatically upon the grantor's death
- CTitle passed to the buyer on the date the deed was signed
- DTitle did not pass because delivery is required for a valid conveyance
Show answer & explanationAnswer & explanation
Correct answer: D. Title did not pass because delivery is required for a valid conveyance
A deed does not transfer title until it is validly delivered to and accepted by the grantee, with the intent that it take effect immediately. Merely signing and holding a deed, without delivery, does not convey title—especially where the grantor retained control and intended a future condition (payment) to occur.
Why the other options are wrong
- A. Notarization and dating alone do not substitute for the required act and intent of delivery.
- B. Death does not cure the lack of delivery; the deed remains ineffective and the property passes through the estate.
- C. Signing alone is insufficient; delivery with intent to pass title immediately is required.
Deed Delivery Requirement
A deed must be delivered to and accepted by the grantee with present intent to transfer title; without delivery, no valid conveyance occurs even if signed and notarized.
- Delivery requires intent that title pass immediately, not in the future
- Retaining control of the deed after signing suggests no delivery occurred
- If grantor dies before delivery, the deed is generally void and title passes through probate
Memory trick: Signed isn't enough — you must hand it over to make it count