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An escrow agreement is a contract that outlines the terms and conditions between parties involved, and the responsibility of each. Escrow agreements generally involve an independent third party, called an escrow agent, who holds an asset of value until the specified conditions of the contract are met.
The escrow holder prepares written escrow instructions* that reflect the terms of the purchase agreement and all conditions of the transaction. The buyer and seller will sign the escrow instructions, and make any necessary earnest money deposits.
In California, there are two forms of escrow instructions generally employed: bilateral (i.e., executed by and binding on both buyer and seller) and unilateral (i.e., separate instructions executed by the buyer and seller, binding on each).
Typically, the role of the escrow agent will be played by representatives from a title company, mortgage lender, or an attorney, but it can depend on the laws and customs in your state.
Escrow agents may work for a title insurance company, real estate attorney, as an affiliate of a lender or as an independent escrow company. However, they do not work for the buyer or seller and must remain neutral in any real estate transaction.
The Escrow Account can be jointly opened in the name of the buyer and seller of the property, wherein the seller is the beneficiary. On the closure of the resale deal, the buyer-seller can jointly initiate the transfer of funds to the seller's account.
Escrow agreements outline the terms and conditions of large transactions. The transaction is mediated by an independent escrow agent, who holds all funds and documents until both sides have fulfilled their promises.
Additionally, the escrow agent cannot be associated with the transaction. For example, the buyer's real estate agent or the seller's attorney cannot hold the escrow account. They may, however, recommend escrow agents whom they have used.