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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 refers to a neutral third party holding assets or funds before they are transferred from one party in a transaction to another. The third party holds the funds until both buyer and seller have fulfilled their contractual requirements.
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 Have a Fiduciary Relationship With Both the Seller and the Buyer. Escrow Agents Must Act Only on Mutually Agreed Upon Instructions.
An escrow agent essentially serves as a neutral middleman in the context of an escrow agreement. An escrow agreement is a contract between two parties whereby each agrees that a third party should hold an asset on their behalf until their transaction is completed.
An Escrow Agent is an impartial third party or stakeholder who receives and disburses documents, money and paper from every party involved in a transaction, such as a sale of real estate. The escrow operates as a neutral depositary.
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.