if the grantor gives a deed to a third party with instructions to give it to the grantee, there is valid delivery. however, if the grantor fails to give instructions, the validity of the delivery depends on whether the third party could be considered the grantor's agent. if the third party is the agent, does that mean there was valid delivery????

<!--[if gte mso 9]> Normal 0 false false false MicrosoftInternetExplorer4 <!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0cm; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman";} @page Section1 {size:612.0pt 792.0pt; margin:2.0cm 42.5pt 2.0cm 3.0cm; mso-header-margin:36.0pt; mso-footer-margin:36.0pt; mso-paper-source:0;} div.Section1 {page:Section1;} --> <!--[if gte mso 10]> When you give a deed to a commercial escrow it is irrevocable, since escrow agent is agent of yours and agent of transferee. If you deposited the deed in RE /business transaction that it is one way street. You can get it back only if any condition precedent is not satisfied (money not paid or K is not performed by transferee). As such, the deed is delivered, and will relate back to date delivery to the escrow agent.

On essay, you can argue that if a grantor gives deed to his own attorney with instructions to deliver on grantor’s death, grantor arguably retained power to get the deed back b/c the lawyer is grantor’s fiduciary-agent and grantor can exercise control over his agent. So no delivery.

 

So if agent is more like grantee you can not get it back b/c deed is delivered.

If agent is under your control, no delivery until agent acts to delivery on your instructions