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Choosing Your Escrow Agent in a Real Estate Deal: Lessons from Williamsbridge
In an earlier post on this site, When the Seller’s Lawyer Holds the Escrow Deposit, I discussed the risks that arise when one party’s attorney controls escrow funds that are supposed to remain neutral. A related lesson follows naturally: when lawyers hold the escrow deposit, the choice of your own lawyer becomes especially important if the deal is falling apart. A 2017 Bronx County Supreme Court decision, 2125‑27 Williamsbridge LLC v. 2125 Williamsbridge Realty LLC, illustrat
2 min read
When the Seller’s Lawyer Holds the Escrow Deposit: A Quiet but Powerful Perverse Incentive
In residential real estate transactions, the escrow deposit is supposed to be neutral money. Its purpose is simple: preserve the status quo while contingencies are resolved and ensure that, depending on what happens, the right party ultimately receives the funds. The escrow agent’s role is correspondingly simple — hold the money impartially and release it only as permitted by the contract or by court order. But that neutrality can quietly collapse when the seller’s attorney a
3 min read
Why Parties Shouldn’t Use Their Own Lawyers as Escrow Agents: Lessons from a High‑Stakes New York Real Estate Dispute
When commercial real estate deals go sideways, the fault lines almost always run along one familiar theme: mistrust. Few recent cases illustrate this better than JTRE 23 WS (Del) LLC v. CS Wall Street LLC (NY County 2026), a long‑running dispute over a triple‑net lease at 23 Wall Street—complete with millions of dollars in construction escrow, stalled buildout work, mechanics’ liens, and a web of interlocking obligations. Yet for all its complexity, one clear lesson emerges:
2 min read
How Investors Can Protect Themselves and Their Escrow Funds: Lessons from a Real $500,000 Loss
A federal real‑estate fraud case offers powerful lessons for investors seeking to protect their capital. In Choi v. 37 Parsons Realty LLC, an investor lost $500,000 after wiring funds into an escrow account controlled by a fraudster. The court emphasized two key failures: no written escrow agreement and allowing Wong, the fraudster, to direct the funds—mistakes that made the loss possible. Here’s how investors can protect themselves from similar schemes. 1. Always Use a Writt
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Escrow Agent Duties Under New York Law: Why the Contract Should Control
Businesses use escrow services to reduce risk, create certainty, and ensure funds are released only when defined conditions are met. But not all escrow arrangements—and not all court decisions—treat escrow agents the same way. Some recent cases show a divide between courts that expand escrow agent duties beyond the contract and courts that correctly recognize that an escrow agent’s role is defined by the escrow agreement itself. For businesses, that distinction matters. Escro
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Escrow Agreement Ambiguity and Escrow Agent Risk in High‑Value Transactions
When businesses use escrow services, they are placing significant trust—and often substantial funds—in an escrow agent’s hands. The expectation is simple: escrow funds will not be released unless the conditions in the escrow agreement are met. A recent federal court decision underscores why choosing the right escrow agent—and the right escrow agreement—matters more than many businesses realize. Escrow Services Are About More Than Holding Funds Escrow agents do more than safeg
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What Happens When an Escrow Agent Steals the Money?
Escrow accounts are designed to protect buyers and sellers by holding funds neutrally until contractual conditions are met. But what happens when the escrow agent steals money—the very person entrusted to safeguard the money? Unfortunately, New York courts have addressed this scenario more than once, and the answer often surprises clients: someone still bears the loss, even though neither party committed the wrongdoing. A recent Brooklyn real estate dispute, Herman v. 818 Woo
4 min read
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