Who Does The Escrow Agent Work For? Escrow agents act as neutral third parties in these types of transactions. They serve the escrow agreement, and as such, they don't work for either the buyer or the seller.
The Buyer gives the funds to an escrow company who, acting as an intermediary, verifies that title to the property is clear and all written instructions in the contract have been met. The company then transfers the ownership of the property to the Buyer through recordation and pays the Seller.
Escrow agents have a fiduciary duty to both parties involved in the transaction, meaning that they are required to act in the financial interests of both the buyer and the seller and must ensure that the terms of the contract are followed.
The buyer in the real estate sales transaction generally makes the selection of the escrow holder/agent and the title insurance company intending to issue the title insurance coverage. A real estate broker should consult the escrow holder/agent before informing the principals that escrow will close on a certain date.
Escrow agents may work for a title insurance company or real estate attorney, as an affiliate of a lender or as an independent escrow company. However, they don't work for the buyer or seller and must remain neutral in any real estate transaction.
The specifics on who pays the transfer tax in Alameda County are sometimes up for negotiation, but usually the buyer pays. Clever Real Estate can help you cut costs here — our concierge team will partner you with an experienced agent who can help you negotiate a good deal with your buyer on transfer taxes.
The company, chosen by the buyer, provides two essential services: Escrow: Escrow is a service which manages the funds and documents involved in a property transaction. An escrow company is licensed and regulated by the State of California.