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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 protect both the buyer and the seller, an escrow account will be set up to hold the deposit. The good faith deposit will sit in the escrow account until the transaction closes. The cash is then applied to the down payment. Sometimes, funds are held in escrow past the completion of the sale of the home.
The primary duties of an escrow agent are: duty to follow the escrow instructions; duty to use good faith and reasonable skill; and. duty to redeliver goods on the completion of conditions.
Who owns the money in an escrow account? The buyer in a transaction owns the money held in escrow. This is because the escrow agent only has the money in trust. The ownership of the money is transferred to the seller once the transaction's obligations are met.
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.
Escrow agreements provide security by delegating an asset to an escrow agent for safekeeping until each party meets his or her contractual obligations.