Learn how to open an escrow account, how escrow works, how to set up an account, and why it's crucial for your homebuying process. This article will discuss an escrow agreement to hold funds, how they work, and why it is beneficial in your next home purchase or sale.This is the first of a three-part series on purchasing a home. Explore Part 2: Contingencies clauses and reports and Part 3: Closing your home purchase. An escrow agreement outlines the conditions and terms between the parties involved in the transaction as well as the responsibilities of each of the parties. The Escrow Fund shall be held separate and apart from other funds and moneys of, or held by, the Escrow Bank. The escrow holder is to satisfy the instructions of the lender(s) prior to using the funds of the lender(s) to complete and close the sale escrow. 6. An escrow holder must owe some sort of duty of care to the third party trying to hold the escrow holder liable under general negligance law. Escrow agreements can help reduce risk in a variety of scenarios. The definition of escrow or an escrow account is provided in the California Civil Code.