Escrow & Title

An Arizona escrow agent who disbursed funds based on a fraudulently forged signature on an escrow instruction may be liable to:

ANo one, since the fraud was not the escrow agent's fault
BThe defrauded party for breach of the escrow agent's duty to act only on genuine instructions✓ Correct
COnly the party who committed the fraud
DThe ADRE only

Explanation

Escrow agents have a duty to verify the authenticity of instructions and documents. Disbursing on forged instructions may expose the escrow agent to liability to the defrauded party, particularly if the forgery was detectable through reasonable diligence.

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