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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.
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).
What is a Document Escrow Agreement? A document escrow agreement is a contract between two or more parties where an escrow agent agrees to hold a document until a contractual obligation is filled. Under the agreement, one party agrees to deliver the document to the escrow agent by a certain date.
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.
An escrow agreement refers to a contract that outlines the terms and conditions of a transaction for something of value ? such as a bond, deed, or asset ? which is held by a third party until all conditions have been met.
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.
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.