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An escrow agreement refers to a contract that outlines the terms and conditions of a transaction for something of value ? such as a bond, deed, or asset ? which is held by a third party until all conditions have been met.
The escrow instructions define the events and conditions that must take place and the manner in which the escrow agent shall deliver or release to the beneficiary of the escrow the assets, documents, and/or money held in escrow. The escrow instructions are commonly contemplated by the escrow agreement.
Properly drawn and executed escrow instructions become an enforceable contract/agreement. An escrow is termed ?completed? or ?perfected? when each of the terms of the instructions have been met or performed (satisfied or waived).
To be in escrow means the seller and buyer of a home have agreed to a set of purchase terms, and both the seller and buyer are completing the due diligence process of the home sale. A house under contract meaning can be thought of the same thing.
The escrow agreement is a contract entered by two or more parties under which an escrow agent is appointed to hold in escrow certain assets, documents, and/or money deposited by such parties until a contractual condition is fulfilled.
In some areas of Northern California, separate sets of unilateral escrow instructions are prepared, usually waiting until the transaction is ready to close.