Does an escrow agreement have to be in writing? Most "Ohio courts have held that escrow agreements do not have to be in writing.Have questions about your escrow account? Fifth Third Bank's Escrow FAQs will help you understand how escrow accounts work, the escrow process, and more. The taxpayer must enter into a real estate escrow agreement with the Treasurer's Office that lays out the terms and conditions of the program. For contracts negotiated through Realtors for existing housing, the deposit is typically held in the Realtor's escrow account pending closing. You typically set up an escrow account through your bank or a licensed escrow company. What's In Your Escrow Agreement? An escrow is a transaction in which one person in a contract with another delivers a written instrument, money, evidence of title to real or personal property. There is no fee for this service.