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Who does what when there's no agent?

No agent doesn't mean no help. Here's everyone involved in a California home sale, what they do, and who they work for.

Who writes the offer? Not DTO Homes.

The offer is a written contract. Most California home sales use the California Association of REALTORS® purchase agreement. That form is licensed to real estate agents and attorneys, so without an agent you get it, and help with it, from a California real estate attorney or a licensed broker who offers flat-fee help.

The buyer's side usually writes the offer. The seller answers with “yes,” “no,” or a written counteroffer. Each side should have its own attorney review it before signing.

Check an attorney's license at the State Bar ↗ and a broker's at the DRE ↗.

Everyone in the sale

Seller (owner)

Sets the price, fills in the disclosures, shows the home, answers questions, and signs the deed.

Works for: Their own attorney, if they hire one.

Buyer

Gets a loan or shows proof of cash, hires inspectors, reads the disclosures, and removes contingencies on time.

Works for: Their own attorney, if they hire one.

Real estate attorney

Writes or reviews the purchase contract and answers legal questions. Each side should have its own.

Works for: The person who hired them.

Escrow company

A neutral company. Holds the deposit and the money, follows both sides’ written instructions, prepares the closing statement, and pays everyone at closing.

Works for: Nobody. It’s neutral, and it doesn’t negotiate or give legal advice.

Title company

Checks who owns the home and what loans or claims are on it, and provides title insurance. Often records the deed.

Works for: Neutral; it insures the title.

Buyer’s lender

Makes the loan, orders the appraisal, and sends the Loan Estimate and Closing Disclosure.

Works for: The lender (and the buyer as its customer).

Home inspector

Checks the home’s condition and writes a report.

Works for: Whoever hired them, usually the buyer.

Notary

Confirms who is signing important papers, like the deed.

Works for: Nobody; just verifies identity.

DTO Homes

Your free listing page, the step-by-step guides and tools, and a way for buyers to contact owners.

Works for: Nobody. We don’t write or negotiate offers, set prices, hold money, or give legal advice.

Escrow when neither side has an agent

  1. Buyer and seller agree on an escrow company in the contract.
  2. One of you sends the signed contract to escrow. Escrow opens a file and sends both of you instructions to sign.
  3. The buyer sends the deposit to escrow, after calling escrow at a number they looked up themselves to confirm the wiring details.
  4. Escrow orders the title report and the seller's loan payoff, and collects papers from both of you.
  5. Escrow sends each of you an estimated closing statement. Read it carefully and ask questions.
  6. When everything is signed and the money is in, escrow records the deed and pays everyone.

Escrow follows your written instructions but won't tell you what to do or whether a term is good for you. That's your attorney's job. DRE: escrow information for consumers ↗

Questions to ask an attorney before you hire them

  • Do you offer a flat fee? What exactly does it include: the offer, counteroffers, reviewing disclosures, and help through closing?
  • Which purchase contract will you use?
  • How quickly can you review an offer or counteroffer? Offers often have short deadlines.
  • Will you check every deadline in the contract and tell me what I must do by each date?
  • What happens to the deposit if the deal falls through?
  • If I’m the seller: will you review my disclosures before I give them to the buyer?
  • If I’m the buyer: what if the appraisal comes in low or my loan isn’t approved?
  • Is anything in this deal unusual for a home sale in Riverside County?

General information, not legal advice. Next: selling guide · buying guide · stay safe from scams · word meanings

Who does what when there’s no agent · DTO Homes