Escrow agents don’t work for the buyer or the seller; they must remain impartial during a transaction. They typically work for title companies, mortgage lenders, or credit unions. As a neutral party, the duties of an escrow agent are to both the seller and the buyer. These include the duty to make a full disclosure and to exercise a high degree of care to the property in the escrow account. Escrow agents also have a fiduciary duty to the two parties.
Alternate names: escrow officer, depositary, title agent
How Escrow Agents Work
Let’s say you and your spouse are looking to purchase a property. You’ve found the perfect place, put in an offer, and have signed the purchase offer. At this point, you’ve also sent in your earnest money—a deposit toward the purchase—which is then placed into the escrow account. The escrow agent will help walk you through the process of closing, including completing a preliminary title search; making sure all the lender’s requirements are met; ensuring all the contingencies in the contract have been met; and taking care of the funds from both you and the lender, among other things. Once the escrow agent is certain everything has been satisfactorily completed, they can close the escrow, record the deed, and disburse all funds. After the escrow agent has finished their work, you—the buyer—will have the keys to your new home, the seller will have all their funds, and the lender will have issued a new mortgage.
Do I Need an Escrow Agent?
Legally speaking, you don’t need to employ an escrow agent. In real estate transactions, however, it is a good idea to do so. This is because an escrow agent will take on many duties to facilitate closing; without the agent, the process is extremely complicated and it’s easy to miss things. As a fiduciary, the escrow agent has the best interests of both the buyer and the seller in mind. Although there are no set rules about who must pay the fees for the escrow agent, the costs are usually split between the prospective homebuyer and home seller. You can opt to negotiate these fees so that one party pays them in full.
