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  • 7/26/2019 Escrow - Wikipedia, The Free Encyclopedia

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    EscrowFrom Wikipedia, the free encyclopedia

    An escrowis:

    a contractual arrangement in which a third party receives and disburses money or documents for the

    primary transacting parties, with the disbursement dependent on conditions agreed to by the transacting

    parties, or

    an account established by a broker for holding funds on behalf of the broker's principal or some other

    person until the consummation or termination of a transaction;[!or,

    a trust account held in the borrower's name to pay obligations such as property ta"es and insurance

    premiums#

    $he word derives from the %ld French word escroue, meaning a scrap of paper or a scroll of parchment; this

    indicated the deed that a third party held until a transaction was completed#[&!

    Contents

    $ypes

    # nternet escrow

    #& (anking

    #) ntellectual property

    #* +aw

    # -eal estate

    #. /ergers and Ac0uisitions

    & +egal implications

    ) 1ee also

    * -eferences

    2"ternal links

    Types

    2scrow generally refers to money held by a third3party on behalf of transacting parties# t is best known in the

    4nited 1tates in the conte"t of real estate 5specifically in mortgages where the mortgage company establishes an

    escrow account to pay property ta" and insurance during the term of the mortgage6#[)!2scrow is an accountseparate from the mortgage account where deposit of funds occurs for payment of certain conditions that apply

    to the mortgage, usually property ta"es and insurance# $he escrow agent has the duty to properly account for the

    escrow funds and ensure that usage of funds is e"plicitly for the purpose intended# 1ince a mortgage lender is

    not willing to take the risk that a homeowner will not pay property ta", escrow is usually re0uired under the

    mortgage terms# 2scrow companies are also commonly used in the transfer of high value personal and business

    property, like websites and businesses, and in the completion of person3to3person remote auctions 5such as

    e(ay6, although the advent of new low cost online escrow services has meant that even low cost transactions are

    now starting to benefit from use of escrow# n the 47, escrow accounts are often used during private property

    transactions to hold solicitors' clients' money, such as the deposit, until such time as the transaction

    w 3 Wikipedia, the free encyclopedia https:88en#wikipedia#org8wik

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    completes#[*!%ther e"amples include:

    purchases of a second hand car, where the money may be released at the end of a warranty period

    deposits for a property rental, where the money is released after the tenant moves out

    provision of construction services, where the money may be released when the building work is complete

    to a defined standard, or when defined parts of the work are complete#

    An unrelated type of escrow is when a purchaser of a comple" system, such as bespoke process control software

    or a large industrial installation, may re0uire the supplier to place the design into source code escrow, so that the

    purchaser remains in a position to maintain and modify the system in case of the demise of the supplier#

    Internet escrow

    nternet escrow has been around since the beginning of nternet auctions and commerce# t was one of the many

    developments that allowed for trust to be established in the online sphere# [!

    As with traditional escrow, nternet escrow works by placing money in the control of an independent and

    licensed third party in order to protect both buyer and seller in a transaction# When both parties verify the

    transaction has been completed per terms set, the money is released# f at any point there is a dispute betweenthe parties in the transaction, the process moves along to dispute resolution# $he outcome of the dispute

    resolution process will decide what happens to money in escrow# With the growth of both business and

    individual commerce on the web traditional escrow companies have been supplanted by new technologies#

    n the 2uropean 4nion, the ayment 1ervices irective, which commenced on

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    escrow; if no problem occurs, they fall into the coin vault of the machine# [9!

    Intellectual property

    1ource code escrow agents hold source code of software in escrow >ust as other escrow companies hold cash#

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    Eternal links

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    2scrow recommended for online and (itcoin transactions# 4#1#

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    ategories: +egal documents +egal terms -eal property law ersonal finance

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    $e"t is available under the reative ommons Attribution31hareAlike +icense; additional terms may

    apply# (y using this site, you agree to the $erms of 4se and rivacy olicy# WikipediaP is a registered

    trademark of the Wikimedia Foundation, nc#, a non3profit organiDation#

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