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In relation to document execution, a means of delaying the delivery of a deed until certain conditions have been fulfilled. A deed executed and delivered in escrow cannot generally be revoked by the maker, but will not take effect until the escrow conditions are met.
- The purchase contract is often used for escrow instructions - most often is the CAR's Instructions.
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.
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.
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.
Both parties can put an escrow agreement in place to ensure delivery and payment. They can agree the buyer will deposit the funds in escrow with an agent and give irrevocable instructions to disburse the funds to the seller once the goods arrive.
In general terms, the escrow agreement should include: The identity of the escrow agent. The duties of both the escrow agent and the parties to the escrow agreement. The beneficiary of the escrow, which is commonly one of the parties entering the escrow agreement.
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.