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An escrow agreement is a legal document outlining terms and conditions between parties as well as the responsibility of each. Agreements usually involve an independent third party called an escrow agent, who holds an asset until the contract's conditions are met.
Brokers must place trust funds into an escrow account immediately, which means no later than the end of the third business day after their sales associate (or an employee of their brokerage company) has received it (see Time Line to Deposit Escrow Funds).
The escrow instructions give the escrow holder the authority to act, telling the escrow holder what to do and when to do it. They indicate all of the specific steps to be completed (and conditions that must be satisfied) before the escrow is complete.
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.
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.
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 purchase contract is often used for escrow instructions - most often is the CAR's Instructions.
Escrow closing instruction letters are commonly used when the closing is conducted through a third-party escrow agent that holds certain original closing documents and funds in escrow pending receipt of the balance of the purchase price and satisfaction of any conditions for closing.