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Key Takeaways 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.
In Southern California, joint/bilateral escrow instructions are typically prepared and submitted following the execution by the principals of the receipt for deposit (residential purchase agreement) or other form of agreement of sale.
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 purchase contract is often used for escrow instructions - most often is the CAR's Instructions.
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.
This instruction 1) authorizes the escrow holder to use the funds; 2) states on whose behalf the funds were deposited; and, 3) clarifies what is to happen to the funds in the event of cancellation or failure to close.
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.
In an escrow agreement, one party?usually a depositor?deposits funds or an asset with the escrow agent until the time that the contract is fulfilled. Once the contractual conditions are met, the escrow agent will deliver the funds or other assets to the beneficiary.