Escrow Explained in 3 Minutes
Escrow protects both buyers and sellers in real estate transactions. Here's exactly what it is, how it works, and what happens to your money.
What is Escrow?
Escrow is a neutral third party that holds money and documents during a real estate transaction until all conditions are met. Think of it as a trusted middleman that protects both buyer and seller.
The escrow agent (or title company) holds your earnest money deposit, coordinates inspections, manages paperwork, and ensures everyone fulfills their obligations before money and ownership change hands.
What Escrow Protects
For Buyers:
- Your deposit is safe if the deal falls through due to contingencies
- Seller can't take your money and run
- You get the property exactly as agreed or you get your money back
- Clear title is guaranteed before you pay
For Sellers:
- Buyer's deposit proves they're serious
- Can't back out for frivolous reasons (after contingencies expire)
- Payment is guaranteed before transferring ownership
- Protects against fraud or bad checks
How Escrow Works: The Process
1. Offer Accepted
Buyer and seller agree on terms. Escrow account is opened with a title company or attorney.
2. Earnest Money Deposited
Buyer deposits earnest money (typically 1-3% of purchase price) into escrow. This shows you're serious and committed.
3. Due Diligence Period
During escrow, buyer completes inspections, appraisal, and secures financing. Seller provides required disclosures and documents.
4. Contingencies Cleared
Buyer approves inspection, appraisal comes back acceptable, financing is approved. Contingencies are released one by one.
5. Final Walkthrough
Buyer verifies property condition hasn't changed and all agreed repairs are complete.
6. Closing Day
Both parties sign final documents. Buyer's down payment and closing costs are deposited into escrow. Escrow confirms everything is complete.
7. Funds Distributed
Escrow pays off seller's mortgage, pays real estate commissions, title fees, and transfers remaining funds to seller. Deed is recorded and you get the keys.
Two Types of Escrow
1. Purchase Escrow (One-Time)
This is what we've been discussing—the escrow account that holds funds during the transaction. It closes once the sale is complete.
2. Mortgage Escrow (Ongoing)
After you buy, your lender may require an escrow account as part of your monthly mortgage payment. This is different:
- You pay 1/12 of your annual property taxes each month
- You pay 1/12 of your annual homeowners insurance each month
- Lender holds these funds and pays your taxes and insurance when due
This ensures taxes and insurance are always paid (protecting the lender's investment). It's required on most loans with less than 20% down.
- Principal & Interest: $1,800
- Property Tax Escrow: $400
- Insurance Escrow: $150
- Total Payment: $2,350/month
What Happens to Your Earnest Money?
Your earnest money deposit sits in escrow during the transaction. Three possible outcomes:
1. Deal Closes Successfully
Your earnest money is applied toward your down payment and closing costs. Example: If you put $10,000 in earnest money and owe $50,000 at closing, you only need to bring $40,000 to closing.
2. You Back Out (With Contingencies)
If you back out during the contingency period (inspection, financing, appraisal), you get your earnest money back. This is why contingencies exist.
3. You Back Out (Without Valid Reason)
If you back out after contingencies expire for non-contingent reasons (you just changed your mind), the seller typically keeps your earnest money as compensation.
Who Pays Escrow Fees?
Escrow and title fees typically range from $1,000 to $3,000+. Who pays varies by location:
- Some states: Buyer pays all escrow/title fees
- Other states: Split 50/50 between buyer and seller
- Some markets: Seller pays most or all fees
- Always negotiable: Can be part of contract negotiations
Common Escrow Questions
How long does escrow take?
Typically 30-45 days from accepted offer to closing. Cash deals can close faster (7-14 days).
Can escrow fall through?
Yes. Common reasons:
- Buyer can't secure financing
- Appraisal comes in too low
- Major issues found during inspection
- Title problems discovered
- Buyer or seller fails to meet contractual obligations
Is my money safe in escrow?
Yes. Escrow companies are licensed, bonded, and regulated. Your funds are kept in separate trust accounts and cannot be used for anything except your transaction.
Key Takeaways
- Escrow is a neutral third party protecting both buyer and seller
- Your earnest money is held safely until closing or return conditions are met
- Purchase escrow (one-time) is different from mortgage escrow (ongoing)
- Escrow ensures all conditions are met before money and property change hands
- You can back out during contingencies without losing earnest money
- Typical escrow period is 30-45 days
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