Escrow in Real Estate

Escrow in Real Estate Transactions in Ontario

Escrow is a legal framework whereby a third party holds an asset or money on behalf of two other parties completing a transaction.

What is Escrow in a Real Estate Transaction

When you’re buying or selling a property, escrow is a process that involves an escrow agent, usually a lawyer, who holds the buyer’s funds in trust. The lawyer ensures that the buyer’s funds are only released to the seller, and the property title or deed is transferred to the buyer when all the terms of the real estate agreement are met. This process includes fulfilling all contractual conditions, such as inspections, mortgage approvals, and other contingencies. Escrow provides an essential layer of protection and assurance for both parties. It ensures that the transaction is executed fairly and helps to maintain the integrity of the real estate transaction process.

What Happens to My Money in Escrow if the Deal Falls Through?

In the event that a real estate transaction fails, the escrow funds are typically refunded to the party that initially deposited them, typically the buyer, unless otherwise specified in the contract. The terms of the escrow agreement and the particular circumstances of the transaction will determine how the funds are to be disbursed.

How Does Escrow Protect Buyers and Sellers?

Escrow serves as a safeguard for both buyers and sellers in a transaction. For buyers, it ensures that their deposit and other funds aren’t released to the seller until all terms and conditions of the transaction are met. For sellers, it assures that the buyer is genuinely committed to the transaction, with funds held securely in escrow until the completion of the transaction.


Escrow services are vital for real estate transactions in Ontario. They provide a secure and efficient way to handle financial exchanges, protect buyers and sellers, and add professionalism to the process, contributing to a more secure transaction.

Insight Law Professional Corporation is dedicated to helping clients. If you need assistance from a Toronto Real Estate Lawyer, contact us today and see how we can help you.

The information provided above is of a general nature and should not be considered legal advice. Every transaction or circumstance is unique, and obtaining specific legal advice is necessary to address your particular requirements. Therefore, if you have any legal questions, it is recommended that you consult with a lawyer.