Buying in the East Bay and hearing the word “escrow” everywhere? You are not alone. The process can feel opaque, especially when you are juggling inspections, loan documents, and timelines. In this guide, you will learn what escrow is, who does what, how deposits and contingencies work, and the specifics that can affect timing and cost. Let’s dive in.
Escrow is a neutral third party that holds funds and documents and follows written instructions from you, the seller, and your lender. Its job is to coordinate everything needed to transfer the property to you. Escrow does not give legal advice. It simply carries out the agreed steps to close safely and on time.
In a typical Oakland purchase, escrow will hold your earnest money, coordinate title reports and insurance, collect payoffs and prorations, manage wiring and funding, and submit the deed and loan documents for recording with Alameda County. In California, escrow activity is regulated at the state level, and lenders follow federal consumer finance rules that affect your closing timeline.
Your earnest money shows commitment to buy. It is placed in escrow and is usually due within 24 to 72 hours after your offer is accepted, depending on your contract. The amount is negotiated and varies with market conditions and risk tolerance. In most Bay Area deals it is a 3% of the offer price.
If you cancel within valid contingency windows, your deposit is generally returned. If you breach the contract, the seller may try to keep the deposit as liquidated damages, subject to the agreement and law. Always confirm wiring instructions directly with the escrow officer by phone before sending funds to avoid fraud.
Contingencies protect you by creating windows to investigate and cancel if needed. Many offers here are non contingent, and you should always have a conversation with your agent about this.
You can inspect the home and systems and then request repairs or credits, or you can cancel within the timeline. Common inspections include general home, pest, sewer scope, roof, and HVAC.
If your lender cannot approve your financing within the agreed period, you can cancel under this contingency. Timelines often track with underwriting.
If the appraisal comes in below your purchase price, you and the seller must resolve the gap. Options include a price reduction, you bringing more cash, or canceling under the contingency.
You should receive clear title and an owner’s title insurance policy at closing. If liens or defects are discovered, escrow and title will work to resolve them. If they cannot be cleared, you may cancel under this contingency.
California law requires sellers to provide disclosures, including a Transfer Disclosure Statement, Natural Hazard Disclosure, and lead-based paint disclosure for pre-1978 homes. Review these carefully and track the delivery deadlines.
Every escrow is unique, but these examples reflect common timing in Alameda County.
Without a loan, timing centers on title clearance, disclosures, and the seller’s readiness. If title is clear and documents are in, you can close quickly.
Your settlement statement will include prorations for property taxes and HOA dues where applicable, plus escrow and title fees, recording charges, and your loan fees if financing. Alameda County and the City of Oakland may charge recording fees and documentary or transfer taxes. Exact amounts can change. Ask escrow to confirm current county and city charges and how they will be split per your contract.
Most East Bay cities have local programs that can affect closing on certain properties. Examples include soft-story seismic retrofit requirements for qualifying multi-unit buildings and rental property registration and inspection programs. If you are buying an older building or a multifamily property, have escrow and your agent confirm permit and compliance status early.
HOA transactions depend on timely association documents. You should receive CC&Rs, budgets, reserve studies, minutes, insurance, and any estoppel letters. California provides specific delivery timelines and allows cancellation if documents are materially deficient. Slow HOA responses are a common reason for extension requests, so ask for these documents right away.
In Oakland/Berkeley and across Alameda County, older homes can show recorded CC&Rs, easements, unresolved permits, or tax-default liens. The preliminary title report will flag these items. Work with escrow and the title insurer early so curative steps do not slow your closing.
After funds are in and documents are signed, escrow submits the deed and loan documents to the Alameda County Recorder. Recording can be same day or take several days depending on workload and whether an expedited service is used. Keys are typically released after confirmation of recording.
You will sign final documents, including loan papers if you are financing. Your lender funds the loan and escrow confirms receipt of all funds. Escrow then submits documents for recording with the county. Once recording is confirmed, you receive keys and possession as described in your contract.
You deserve a calm, well-run escrow that ends with keys in your hand and no surprises. If you want local guidance from a boutique East Bay team that sweats the details and knows Oakland/Berkeley workflows, start the conversation with Anna Bellomo.
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