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Closing Escrow Agreement Template for United States

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Key Requirements PROMPT example:

Closing Escrow Agreement

"I need a Closing Escrow Agreement for a commercial real estate transaction in California, where ABC Title Company will act as escrow agent holding $5.2M until the property closing date of March 15, 2025, with specific provisions for partial releases based on milestone completions."

Document background
The Closing Escrow Agreement is utilized when parties need a neutral third party to hold and manage funds or assets during a transaction closing. This document type is particularly common in real estate transactions, corporate acquisitions, and other significant financial dealings in the United States. The agreement specifies how the escrow agent will handle funds, when and how disbursements will occur, and what documentation is required for release. It must comply with federal regulations such as RESPA and state-specific escrow laws, making it essential to consider local jurisdiction requirements when drafting.
Suggested Sections

1. Parties: Identifies all parties to the agreement including escrow agent, buyer, and seller

2. Background: Explains the context and purpose of the escrow arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment of Escrow Agent: Formal appointment and acceptance of the escrow agent

5. Escrow Funds: Details about the funds to be held in escrow

6. Disbursement Instructions: Specific conditions and procedures for releasing funds

7. Escrow Agent's Duties: Rights and responsibilities of the escrow agent

8. Term and Termination: Duration of the agreement and termination conditions

Optional Sections

1. Investment of Escrow Funds: Terms for investing escrow funds, used when parties agree to invest idle escrow funds

2. Tax Reporting: Tax-related obligations and procedures, included when tax implications need to be addressed

3. Electronic Communications: Provisions for electronic notifications and instructions, used when parties agree to use electronic communications

Suggested Schedules

1. Schedule A - Fee Schedule: Details of escrow agent's fees and expenses

2. Schedule B - Authorized Signatories: List of persons authorized to give instructions

3. Schedule C - Form of Release Notice: Template for release instructions

4. Schedule D - Wire Transfer Instructions: Banking details for fund transfers

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Uniform Commercial Code (UCC) Article 8: Federal regulation governing securities transactions and transfers, including requirements for security interests and ownership rights

Real Estate Settlement Procedures Act (RESPA): Federal law requiring disclosure of real estate settlement processes and prohibiting kickbacks in real estate transactions

Truth in Lending Act (TILA): Federal law mandating disclosure of credit terms and standardizing calculation methods for credit costs

CFPB Regulations: Consumer Financial Protection Bureau regulations governing consumer financial products and services, including escrow practices

State Escrow Laws: State-specific regulations governing escrow operations, licensing requirements, and fiduciary responsibilities

State Real Estate Laws: State-specific laws governing real estate transactions, transfers, and settlement procedures

State Banking Regulations: State-specific rules governing banking operations and financial transactions, including escrow accounts

State Consumer Protection Laws: State-specific legislation protecting consumers in financial and real estate transactions

Escrow Agent Licensing Requirements: State-specific professional licensing and certification requirements for escrow agents and companies

ALTA Guidelines: American Land Title Association standards and best practices for title insurance and settlement services

State Bar Association Rules: Professional regulations governing attorneys' handling of escrow accounts and settlement services

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

Anti-Money Laundering Regulations: Federal requirements for preventing, detecting, and reporting suspicious financial transactions

USA PATRIOT Act: Federal law including provisions for customer identification and verification in financial transactions

IRS Reporting Requirements: Federal tax reporting obligations related to real estate transactions and escrow disbursements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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