Montana Escrow Agreement Governing the Deposit of Funds with Escrow Agent, to Be Paid to Specified Party on A Certain Date

State:
Multi-State
Control #:
US-OG-210
Format:
Word; 
Rich Text
Instant download

Description

This escrow agreement is used when the principal delivers funds to the agent to be held by the agent until a specified time when agent will be required to deliver the funds to a specified third party payee.

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FAQ

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.

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.

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.

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.

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.

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.

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.

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Montana Escrow Agreement Governing the Deposit of Funds with Escrow Agent, to Be Paid to Specified Party on A Certain Date