Escrow & TitleIntermediateCalifornia Exam

In California, an escrow holder is considered a dual agent for both buyer and seller. This means the escrow holder:

AAdvocates for both parties equally, as typically handled by an escrow officer
BMust follow the joint escrow instructions of both parties and cannot take sidesCorrect
CCan advise one party to obtain better terms, consistent with standard title insurance practice
DHas fiduciary duties only to the seller, per customary closing procedure in California

Why Must follow the joint escrow instructions of both parties and cannot take sides Is Correct

Answer B: Must follow the joint escrow instructions of both parties and cannot take sides

The escrow holder is a neutral dual agent with limited fiduciary duties — it must follow the written instructions of both parties. The escrow holder cannot favor either party, give legal advice, or deviate from instructions without mutual consent.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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