Bunt

Crescenta Valley Moose Lodge No. 808 v. Bunt

Good Law
1970 Cal. App. LEXIS 2081·8 Cal. App. 3d 682·87 Cal. Rptr. 423
Court of Appeal of CaliforniaJune 11, 1970Civ. 35471California2,251 words

Opinion

Opinion

Gustafson, J.

Defendants (hereinafter collectively called “sellers”) are the owners of real property which plaintiff corporation (hereinafter called “buyer”) contracted to purchase by a document dated December 1, 1967, entitled “Standard Form Deposit Receipt.” That document contemplates that the transaction would be completed through an escrowee.

Unfortunately, as is so often the case with contracts prepared by real estate brokers, the document is incomplete and uncertain. The blanks were not filled in the following printed sentence: “Escrow shall be commenced within-days from acceptance of this offer, and seller and buyer agree to sign escrow instructions, deeds, and all other documents within -days after written notice that the same are ready for execution.” Although the buyer signed escrow instructions on December 1, 1967, the sellers did not sign the instructions until January 8, 1968. The escrow instructions did not become an enforceable contract until signed by both buyer and sellers, that is, on January 8, 1968. (Altadena Escrow Corp. v. Beebe (1960) 181 Cal.App.2d 743 [ 5 Cal.Rptr. 530 ].) “The use of an escrow is simply a customary and convenient method of carrying out an…

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