But who is responsible for hiring an escrow agent? The responsibility can lie with any party involved in the transaction. The buyer, seller or either real estate agent may choose an escrow agent during a real estate sale, but the escrow service provider that is selected must be agreed upon by all parties.
While the buyer or the buyer's real estate agent usually chooses the closing or escrow company, the seller can agree to the buyer's selection or counter with another choice. Although the seller generally agrees with the buyer's suggestion, the selection of the company is negotiable.
The buyer in the real estate sales transaction generally makes the selection of the escrow holder/agent and the title insurance company intending to issue the title insurance coverage. A real estate broker should consult the escrow holder/agent before informing the principals that escrow will close on a certain date.
Escrow agents have a fiduciary duty to both parties involved in the transaction, meaning that they are required to act in the financial interests of both the buyer and the seller and must ensure that the terms of the contract are followed.
In California, the buyer may choose the escrow company.
For example, in Southern California, it is common for the buyer to select the escrow company, whereas, in Northern California, the seller might make the choice.
Escrow is generally considered good because it protects the buyer and seller in a transaction.
Who Does The Escrow Agent Work For? Escrow agents act as neutral third parties in these types of transactions. They serve the escrow agreement, and as such, they don't work for either the buyer or the seller.