Is escrow always necessary in Delaware?

Escrow is a term often associated with real estate transactions, where a neutral third party holds funds, documents and other assets related to the transaction until meeting certain conditions.

While escrow is widely used in real estate transactions, it is important to understand that its necessity can vary depending on the specific situation.

Voluntary escrow

In Delaware, escrow is not always mandatory, and there are situations where it can be a voluntary choice made by the parties involved. For example, if you are buying a property outright, with no financing involved, you might have the option to skip escrow. However, even in such cases, many individuals and organizations opt for escrow services to streamline the process and provide an extra layer of security.

Mortgage financing and escrow

If you are obtaining a mortgage to purchase a property, the use of escrow becomes more common. Lenders often require escrow accounts to ensure that property taxes and homeowners insurance get paid on time. This safeguards their interest in the property, as these expenses can impact the property’s value. While it may not be an absolute requirement, it is generally advisable to go along with the lender’s request for an escrow account in such situations.

The role of contingencies

Escrow can also be contingent on the specific terms of a contract. If the buyer and seller agree to include an escrow provision in their contract, it becomes a mandatory part of the transaction, and both parties must adhere to it.

With homes in Kent County selling for 6.4% more in September 2023 compared to September 2022, it makes protecting your investment more important. While it may not be an obligatory aspect of every real estate deal, escrow can offer peace of mind and a structured process for resolving disputes.



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