Here is a comprehensive list of questions real estate agents commonly ask their broker about the “Possession,” “Documents,” and “Compliance” sections of the Residential Purchase Agreement (RPA) — specifically the California Association of REALTORS® version — along with detailed explanations.

These questions often come up during the final stages of the transaction and are critical for ensuring a smooth and lawful closing.

🔑 POSSESSION – Agent-to-Broker Questions with Explanations

  1. When does the buyer take possession of the property?

Explanation:
Unless otherwise agreed, possession is transferred at 6:00 p.m. on the close of escrow date. This is stated in the RPA (Section 8).

  1. Can the buyer get keys before escrow closes?

Explanation:
Only if a Buyer’s Early Possession Addendum (CAR Form PAA) is signed. Otherwise, giving access before closing can create legal and insurance risks.

  1. What if the seller wants to stay after closing?

Explanation:
A Seller in Possession Addendum (CAR Form SIP) is required. If the seller stays more than 29 days, a Residential Lease After Sale (CAR Form RLAS) should be used.

  1. Is the seller required to vacate the home by the time escrow closes?

Explanation:
Yes, unless an alternative possession agreement is in place. Otherwise, failure to vacate may be a breach of contract.

  1. Can I give the buyer keys on closing day?

Explanation:
Yes, but only after escrow confirms recording of the grant deed. Brokers often caution agents not to release keys early without confirmation.

  1. What happens if the seller doesn’t move out on time?

Explanation:
The buyer may pursue remedies under the contract, such as per diem charges or legal action, depending on the terms agreed to in the SIP or RLAS.

📄 DOCUMENTS – Agent-to-Broker Questions with Explanations

  1. What documents must the seller deliver before close of escrow?

Explanation:
The seller must deliver:

  • Transfer Disclosure Statement (TDS)
  • Seller Property Questionnaire (SPQ)
  • Natural Hazard Disclosure (NHD)
  • Preliminary Title Report
  • Any HOA documents (if applicable)
  • Lead-based Paint Disclosure (if built before 1978)
  1. What if the seller hasn’t provided disclosures on time?

Explanation:
The buyer’s inspection contingency period doesn’t begin until all required disclosures are received.

  1. Can the buyer cancel if the seller’s disclosures are incomplete or misleading?

Explanation:
Yes. If disclosures are deficient or inaccurate, the buyer may cancel within the contingency period or potentially sue for damages later.

  1. Who provides the preliminary title report?

Explanation:
Usually the escrow/title company provides it, but the seller is responsible for delivering it per the RPA.

  1. Are inspection reports required to be given to the buyer?

Explanation:
Only if the seller has prior third-party reports (e.g., termite, roof), these must be disclosed and provided.

  1. Does the seller need to provide repair invoices for past work?

Explanation:
If material repairs were performed, they should be disclosed, and invoices are helpful to avoid later liability.

  1. What if the seller fails to deliver HOA documents?

Explanation:
If the seller doesn’t deliver HOA documents within 3 days of acceptance, the buyer may delay contingencies or cancel.

✅ COMPLIANCE – Agent-to-Broker Questions with Explanations

  1. What does “compliance” mean in the RPA?

Explanation:
It refers to the obligation of both parties to perform their duties under the contract — including disclosures, timelines, and legal requirements.

  1. Who ensures that all contractual documents are completed and signed?

Explanation:
The brokerage and transaction coordinator (if used) are responsible for ensuring compliance with CAR and DRE rules. The agent must monitor and submit all necessary paperwork.

  1. Are all disclosures required for “as-is” sales?

Explanation:
Yes. “As-is” means no repairs, but does not exempt the seller from required disclosures under California law.

  1. What happens if a required disclosure is missing at closing?

Explanation:
This could delay closing and potentially invalidate parts of the agreement. It could also expose the broker and seller to DRE complaints or legal liability.

  1. Do I need to deliver signed disclosures to escrow?

Explanation:
No, but they must be retained in the broker’s transaction file and made available in case of an audit.

  1. Who ensures that compliance with fair housing laws is followed?

Explanation:
All licensees involved — but the broker has supervisory responsibility to ensure agents comply with fair housing, anti-discrimination, and advertising regulations.

  1. What if the buyer or seller refuses to sign required forms?

Explanation:
The broker may advise either to:

  • Cancel the transaction, or
  • Proceed with caution and document the refusal (sometimes with a Refusal to Sign form)

🧾 Summary Table

Section Common Concerns Broker’s Role
Possession Early keys, post-closing occupancy, key delivery timing Ensure use of SIP or RLAS if needed
Documents Missing or late disclosures, HOA docs, lead paint, repair invoices Oversee timeline and completeness
Compliance Contract deadlines, audit file accuracy, legal obligations Supervisory review and agent guidance