escrow
Table of Contents
Escrow
Escrow is a neutral arrangement in which a disinterested third party holds funds, documents, and instructions until the conditions of a real estate transaction are fulfilled.
Key Characteristics
- Involves three parties: buyer, seller, and escrow holder
- Escrow holder is a neutral agent
- Acts only on written escrow instructions
- Ensures proper transfer of funds and documents
Purpose of Escrow
- Protects all parties to the transaction
- Ensures conditions are met before closing
- Facilitates orderly transfer of title
Escrow Holder Duties
- Follow escrow instructions exactly
- Safeguard funds and documents
- Prorate taxes, rents, and insurance
- Record necessary documents at closing
- Disburse funds when conditions are met
Escrow in California
- Escrow may be handled by a title company, escrow company, or licensed attorney
- Escrow is not a fiduciary, but owes a duty of care and neutrality
Opening and Closing Escrow
- Open escrow: parties deposit documents and funds
- Close escrow: all conditions satisfied and documents recorded
Exam Tip
- Escrow follows instructions, not discretion
- Escrow protects the transaction, not one party
escrow.txt · Last modified: by reidjs
