Escrow Seller Does Withdraw In Massachusetts
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FAQ
Illegal commingling is when a real estate broker's funds and client funds are mixed. For example, if a broker deposits a buyer's deposit in their brokerage's bank account instead of a separate escrow account.
As such, an escrow holder is entitled to file an action of interpleader and for declaratory relief to ask a court of competent jurisdiction to resolve the controversies and to direct the escrow holder on how to proceed.
The Purpose of an Escrow Account An escrow account provides a secure and impartial way to protect both buyer and seller during a transaction by not releasing the funds until all conditions have been met. This can help prevent fraud, mismanagement and other problems that can arise.
The seller's real estate brokerage or attorney typically holds Massachusetts escrow funds. Massachusetts is different from other states because a title or third-party escrow company is usually unused.
Notify The Buyer If you have a legal reason for doing so, notify the buyer of the specific parts of the contract that give you the right to cancel the transaction. If you don't have a contractual reason to cancel the sale, it's worth asking the buyer if they're willing to cancel the transaction by mutual agreement.
