Wholesaling Glossary · Contracts & Deal Structure

What Is Escrow?

Escrow is the neutral process or account where funds and documents are held until closing conditions are satisfied.

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Escrow is the neutral process or account where funds and documents are held until closing conditions are satisfied.

Escrow explained

Escrow describes a neutral third party, usually a title company, escrow company, or attorney depending on the state, holding money or documents on behalf of both the buyer and seller until the conditions of the contract are met. Neither party can access escrowed funds unilaterally; release happens according to what the purchase agreement and closing instructions say, which protects both sides from the other backing out and simply keeping the money or the signed paperwork.

In a typical wholesale deal, earnest money is the first thing that goes into escrow after the purchase agreement is signed, as a show of good faith from the buyer. At closing, the full purchase funds, loan payoffs, and closing costs all move through escrow as well, with the escrow or closing agent disbursing everything according to the settlement statement once title is confirmed clear and all conditions are satisfied. Some states use attorney closings instead of a dedicated escrow company, but the underlying function, a neutral party holding and releasing funds correctly, is the same idea.

Escrow procedures are set by the title company or closing attorney handling the deal, and they differ by state and sometimes by county, so a wholesaler working multiple markets should not assume one market's escrow process applies everywhere. For a caller, the practical point is that funds moving through escrow are protected by process, not by trust alone, which is worth explaining to a nervous seller who is unsure why their earnest money does not go directly to the buyer or seller before closing.

Example

After a purchase agreement is signed for $150,000, the buyer wires a $1,500 earnest money deposit into the title company's escrow account. If the deal closes on schedule, that deposit is applied toward the buyer's costs at settlement; if the buyer backs out outside their inspection period without a valid contract reason, the contract terms determine whether the seller keeps the deposit.

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Frequently Asked Questions

Typically a title company, escrow company, or closing attorney, not the buyer or the seller directly. This keeps the deposit protected and neutral until the deal closes or the contract terms determine how it should be released.
It depends on the contract language and why the deal fell apart. If the buyer backs out during a valid contingency period, like inspection, the deposit is often returned. If the buyer defaults outside those protections, the seller may be entitled to keep it, again depending on what the contract specifies.
No. Some states use dedicated escrow or title companies, others rely on closing attorneys, and specific procedures around how and when funds are held or released vary by state and even by county.
No. Escrow can also hold signed documents, deeds, or other paperwork pending the satisfaction of closing conditions, not just cash deposits.

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