← Legal GlossaryCategory: Business & Corporate
Escrow
A financial arrangement where a neutral third party holds funds, documents, or assets on behalf of two transacting parties until specified conditions are met.
What Is Escrow?
Escrow is a legal and financial mechanism where a trusted third party (the escrow agent) temporarily holds money, property, or documents until predetermined conditions of a transaction are fulfilled. The escrow agent releases the held assets only when both parties have satisfied their respective obligations, providing security and trust in the transaction.
## Common Uses of Escrow
- Real estate transactions (holding earnest money deposits)
- Mergers and acquisitions (holding purchase price pending due diligence)
- Online marketplaces (protecting buyers and sellers)
- Intellectual property licensing (holding royalty payments)
- Construction projects (retainage escrow)
## How Escrow Works
The parties enter into an escrow agreement that defines the conditions for release of the held assets. The escrow agent has a fiduciary duty to both parties and must follow the escrow instructions precisely. If a dispute arises, the escrow agent typically holds the assets until the parties reach agreement or a court issues an order. Escrow fees are usually split between the parties or paid by one party as negotiated.