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Pearl and Associates, the law firm run by Nicole Pearl, Doug Cox’s business partner and girlfriend, holds the buyer’s deposit as per an escrow agreement with Cox. But that invites a conflict ...
Not all escrow agreements impose the duties of a legal trustee on the escrow agent, and in many such agreements, escrow agents are held to a mere gross negligence standard and benefit from indemnity and hold harmless provisions. If the escrow agent is licensed by governmental authority, [where?] then much higher legal standards may apply.
An escrow commonly includes a signed agreement between the two parties plus an earnest money payment check which accompanies the offer, [15] and which is generally not deposited until all parties are in agreement. The escrow deposited then leads the seller to more property disclosures, inspections and conditions removal.
A good example are items that are not intended to be permanent, but nevertheless, necessary in the course of construction. A temporary construction fence may be required, may serve a valuable function in safety and security, but is never expected to become part of the realty, so therefore is not a cost that is permitted under a mechanic's lien.
A commercial contract is an agreement containing all the work that should be performed for the construction of a commercial building or non-residential building. A skillfully constructed commercial contract can protect both parties' interests, minimize risks, and increase profitability for the contractor.
Retainage is a portion of the agreed upon contract price deliberately withheld until the work is complete to assure that contractor or subcontractor will satisfy its obligations and complete a construction project. [1]
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