Relationship of the parties to the escrow agreement
Escrow is a special type of contractual relationship, a new stage in shaping the security of obligations of the parties and guaranteeing results. This construction is not a kind of bank account agreement, nor is it a settlement. This is a specific tool containing elements of several contracts at once. It takes into account the norms of storage, and forms of payment, widely accepted in most countries — for example, a collection of payment or letter of credit. Modern legislation takes into account all the shortcomings of modern transactions involving an escrow agent, providing for possible conflicts that had to be encountered earlier.
What is escrow and how does it work?
Like any financial and legal mechanism, an escrow agreement has both pros and cons, so it is important to know how it works if a practical need arises. And in modern conditions, escrow is becoming increasingly popular.
Responsibility and remuneration of an escrow agent
The question of the responsibility of an escrow agent arises at different stages of the transaction, but the most difficult in terms of significance and evaluation of its actions is the stage of checking the deposited property during the transfer to the beneficiary. Almost the whole part of the transaction depends on the competence and impartiality of the escrow agent, since the decision on the fulfillment of the conditions by the depositor is made by the escrow agent independently, although the contractual requirements are taken into account. But any contract leaves a field for interpretations.
GAS is better than a civil law notary
Since I have been working in the real estate sector in the Russian market for many years, moving from the usual membership in the Alliance Family Club to shared ownership, I made such an analogy for myself. Registration of any transaction for the acquisition of real estate is carried out through a civil law notary. This is an essential condition for ensuring and confirming the legality of the transfer of property. In the Club, the similar notary functions are performed by Global Actual Services trust company, officially registered in the Kingdom of Thailand. However, I saw the progressivity of this Trustee in attracting the owners of the Club to participate in the management. No notary can offer his client access to the process of studying and obtaining information on his case. That is why we sometimes hear about the sensational cases of so-called "black notaries". The involvement of the Club members to shared participation in Global Actual Services excludes such a possibility, as each shareholder has access to all information related to the trust management of the Club's property.
Ernest Zabolotskiy (Russia) comments upon the advantages of shared ownership
The owner of a real estate Agency