People and businesses use escrow for financial protection during high-value deals. While most transactions go smoothly, some risks and challenges exist. It can be helpful for businesses and individuals to understand the risks and challenges of escrow services.
This post will cover the risks and challenges of escrow services and offer tips for managing them.
Tennessee Real Estate Market Watch
The average price per square foot of homes for sale in Tennessee during June 2023 was $232. However, real estate trends are always changing. If you need title services when buying or selling a home in Tennessee, please click here to contact our team.
Escrow services charge fees for the transactions they handle. While the services are beneficial, they might not be worth the fees for certain transactions. The parties to the deal should review the fees of escrow providers. They need to weigh the cost of the service against the value it will offer the transaction.
Having a reliable escrow agent is essential. Beyond being trustworthy, you must also ensure they have the necessary experience. Otherwise, there is a risk they could mishandle funds or fail to meet a legal obligation. Along with experience working as an escrow agent, you want to know they have experience with your type of transaction.
Transactions occur within specific jurisdictions. A local escrow agent should be aware of the relevant laws and regulations in the location. However, issues can arise if there is the potential for more than one jurisdiction. In this case, you may need to add language to the agreement that specifies the jurisdiction. You may also need to consult a lawyer to cover various jurisdictional issues that may arise.
The vast majority of escrow providers you encounter are legitimate. However, scammers might set up fake businesses that claim to offer escrow services. The scammers want inexperienced people to send money to fraudulent accounts. Researching the escrow companies and verifying their licenses is the best way to mitigate the risk of fraud.
Even with the best intentions, the other party could fail to meet the terms of the agreement. A failure to meet terms could lead to a dispute or the deal falling through. One way to mitigate this risk is to vet the counterparty to the deal. You should also have clear contractual language defining the terms and what happens if one party fails to meet them.
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