PLEASE READ THE ESCROW INSTRUCTIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
The Uniform Electronic Transactions Act (Cal. Civil Code Section 1633.1 et. seq.) and the California Financial Code governing Escrow Regulations shall govern all Buyer and Seller transactions on the TRUST Escrow app.
The TRUST Escrow app facilitates the sale of personal property or services between a "Buyer" and "Seller" in a process known as a "Transaction." Monies deposited for the Transaction are known as "Escrow Funds." The completion of the transaction is referred to as the "Close of Escrow." Both Buyer and Seller are responsible for regularly checking the TRUST Escrow app for updates on the Transaction, including shipping, tracking, and Closing information.
Due to potential processing delays, payments made by ACH Debit or bank wire may not instantaneously be reflected in the TRUST Escrow app. It is the responsibility of users to check their TRUST Escrow accounts and ensure that any payments made have been processed and visible in the TRUST Escrow app.
Pacific Time will determine the time of day and calendar day for all matters and events referenced in these Instructions. The term "Business Day" refers to the working days Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. Pacific Time, excluding legal holidays in Los Angeles County, California observed by TRUST Escrow.
Once the Buyer and Seller have agreed to the Transaction terms by selecting "Accept" and digitally signing the Transaction Contract the Escrow Instructions, Assignment Instructions, and Terms of Use form a binding agreement between all parties. Should it become necessary to add supplemental instruction(s), or to make any addition to, deletion from, or alteration to an Assignment, all parties (Buyer and Seller) must mutually agree by selecting the “Accept” button at the bottom of the modified assignment terms (collectively the “Addendum”). TRUST Escrow reserves the right to reject any Addendum and to terminate the Transaction as provided herein. In accordance with California Civil Code 1633.8, TRUST Escrow may accept instructions that are created, generated, sent, communicated, received or stored by electronic means and by attaching their Digital Identification. The parties to the Transaction hereby agree to conduct the Transaction electronically. The parties acknowledge that by entering into the Escrow Instructions, they are able to electronically receive the Escrow Instructions, download the Escrow Instructions and print the Escrow Instructions.
The Seller will be notified via email and the app to ship the merchandise after the Buyer's funds are received and cleared. Seller is responsible for all related shipping and insurance costs; and agrees to send the item to the Buyer by use of a shipping method that utilizes online tracking information. The Seller agrees to ship the insured merchandise at full value to the Buyer. The Seller shall ship the merchandise based on the information provided in the accepted assignment terms or communications within the TRUST Escrow app. If insurance is not purchased, the Seller will be responsible for shipping damage.
In the event that a Buyer Inspection Period has been agreed upon, it will begin as specified in the assignment, either: (1) from date of Buyer's acknowledgment of receipt of merchandise; or (2) date of assignment deadline. The Buyer Inspection Period shall be calculated in full calendar days.
If the Seller doesn't ship the goods after notification, the Buyer can open a dispute or request a cancellation. If cancelled, the Buyer will receive a refund, minus the escrow fee.
The Buyer is responsible for any duties, customs fees, or other charges that result from an international transaction, unless the parties agree to other terms. These charges will be included in the purchase price. The shipping party must declare the merchandise and its value properly for customs procedures.
During the Buyer Inspection Period, the Buyer must either approve the service or goods by selecting "Approve" on the TRUST Escrow app, or reject it by selecting "Dispute" and following further instructions. If the Buyer does not select either of these options and follow the subsequent instructions, the Buyer will be considered to have accepted the service or goods and to be satisfied with them.
At Close of Escrow, TRUST Escrow will pay the Seller the purchase price and disburse the escrow fee to TRUST Escrow.
The buyer is responsible for 100% of the escrow fee in the event the product transaction is cancelled and the merchandise is returned. During the Buyer Inspection Period, Buyer may dispute for any reason by selecting the "Dispute" button on the TRUST Escrow app and following all other instructions to properly dispute the merchandise. Upon such action, TRUST Escrow will notify Seller through the app and by email stating Buyer's decision to dispute. Seller will communicate with Buyer on how to return the goods; and Buyer agrees to promptly ship goods to Seller within fourteen (14) calendar days at Buyer's expense to the place designated by the Seller. Upon receipt of the merchandise, Seller cancels the assignment. Buyer will be responsible for shipping damage if insurance is not purchased. Buyer is aware that merchandise must be rejected in the manner described in order to obtain a refund of the purchase price.
If the Buyer rejects the goods in breach of any other applicable terms of acceptance and rejection between Buyer and Seller with respect to the underlying Transaction (including but not limited to the Assignment Escrow Instructions and TRUST Escrow guidelines), the Seller may pursue any right or remedy available under the Uniform Commercial Code or other applicable law against the Buyer for breach of the Transaction.
Buyer is aware that regardless of the reason for rejection, any Escrowed Property must be returned to the Seller in order for funds to be returned to the Buyer. Shipping for returned Escrowed Property must be arranged and completed within fourteen (14) days of Buyer's rejection. Failure of Buyer to return the Escrowed Property within the specified time period will cause TRUST Escrow to continue to lock the escrowed money until the two parties can mutually agree to a resolution to their dispute on the TRUST Escrow app, or the matter is moved to arbitration.
By rejecting the item in the manner described above, Buyer agrees to return the item(s) promptly to Seller at the address designated by Seller in the assignment chat. Buyer is responsible for all related shipping and insurance costs; and agrees to return the item to the Seller by use of a shipping method that utilizes online tracking information. It is the responsibility of the shipping party to properly declare the merchandise and its value for customs procedures.
Buyer shall communicate with Seller through the TRUST Escrow app’s assignment chat, the name of the shipping company and the relevant tracking number. If Buyer sends the goods to Seller without following the guidelines set forth in this paragraph, then in addition to any other remedies which TRUST Escrow or Seller may have, TRUST Escrow will not return to Buyer any of the escrowed funds unless and until; (1) the Seller confirms that the rejected item has arrived in the same condition in which it was originally sent; or (2) there is a final Dispute Resolution, as set forth in the Dispute Resolution section below. Should no shipping be necessary in order to effectuate the return of the merchandise, then Seller and Buyer shall be free of the shipping and tracking obligations as defined in this section.
The Seller Inspection Period shall commence upon (1) Seller's acknowledgment of receipt of merchandise or (2) the Seller's failure to accept Buyer's delivery of returned goods; or (3) the Seller's failure to retrieve returned goods upon notification from the shipping company and/or any governmental office of the returned goods' availability for pick up. The Seller shall have five (5) calendar days following the date on which the Seller Inspection Period begins to inspect the "returned" merchandise.
The Seller shall have five (5) calendar days following the date on which the Seller inspection period begins to: (1) select the "Accept" button on the TRUST Escrow app; or (2) select the "Dispute" button on the TRUST Escrow website, and follow all further instructions to properly reject returned goods.
During the Seller Inspection Period, should Seller: (1) fail to select either the "Accept" or "Dispute" buttons on the TRUST Escrow website; or (2) fail to follow all instructions in order to effectuate the acceptance or dispute of a returned item, then at the end of the Seller Inspection Period, Seller shall be deemed to be satisfied with the quality of the returned goods, and shall be deemed to have accepted the returned goods.
The Seller may reject the timely return of Escrowed Property only if the property is returned in a condition other than the condition it was in when first sent from Seller to Buyer. Should Seller reject the item during the Seller Inspection Period, the Seller and Buyer shall negotiate for the Negotiation Period, as defined below. Should the Buyer and Seller fail to reach an agreement during the Negotiation Period, either Buyer or Seller may file for arbitration (in accordance with the Dispute Resolution section below) at any time in the one hundred eighty (180) calendar days of the Negotiation Period. If neither Buyer nor Seller has filed for and given notice of the commencement of arbitration in accordance with the Dispute Resolution section of these Instructions, and given acceptable proof of the commencement of arbitration to the non-filing party and TRUST Escrow, then TRUST Escrow reserves the right to file an interpleader action in any court of competent jurisdiction.
Upon the first to occur of either: (1) Seller's acceptance of the returned goods; (2) the end of the Seller Inspection Period; or (3) on the 181st calendar day following the Negotiation Period the failure of Buyer or Seller to commence arbitration (in accordance with the Dispute Resolution provisions of these Instructions and notify all parties as provided therein) TRUST Escrow will begin the process of disbursing the Escrow Funds.
Once all costs are paid, and funds are disbursed, the escrow shall be deemed cancelled, with no further obligation due by Buyer, Seller, or TRUST Escrow under this Agreement or under the Assignment Escrow Instructions. TRUST Escrow reserves the right to provide the Seller a written 48-hour notice if an Inspection Period has ended without the Seller's involvement.
Once escrow funds have been deposited, in the event that Seller fails to ship the merchandise within the required period upon which Buyer and Seller have mutually agreed, Buyer may request a cancellation of the deposited funds through the app. Buyer hereby agrees that the entire escrow fee shall be deducted from his/her/its refund. Buyer and Seller also agree that Seller may request the escrow transaction be cancelled and the Buyer refunded, less escrow fees, at any time.
If Buyer or Seller rejects an item, cancels the transaction, or any other dispute arises, both parties agree to negotiate in good faith to find a solution within the Negotiation Period. They will then promptly notify TRUST Escrow of the resolution via the app, including all updated terms and conditions.
The "Dispute Date" refers to the date on which the recipient acknowledges the dispute.
The one hundred eighty (180) calendar days beginning with the Dispute Date shall be referred to as the "Negotiation Period".
If a dispute proceeds to arbitration, the party initiating arbitration shall promptly notify the other party and TRUST Escrow via email that such arbitration has commenced. Before Buyer initiates arbitration, Buyer must return the Escrowed Property received by Buyer to Seller.
If TRUST Escrow is not notified via the TRUST Escrow app that binding arbitration has begun within the 180-day dispute period, it will initiate interpleader proceedings in a court with appropriate jurisdiction. Buyer and Seller authorize TRUST Escrow to use escrow funds to pay escrow fees, administrative fees for filing a court action and service of process in this situation. The party initiating arbitration must notify TRUST Escrow and the other parties by sending a demand for binding arbitration to the non-filing parties. Buyer and Seller agree to accept service of the demand for binding arbitration via email (at the email addresses they provided to TRUST Escrow) and agree that no further notice is required to submit their dispute to binding arbitration.
Any such binding arbitration shall be submitted by the party commencing the arbitration either to American Arbitration Association ("AAA") or Judicial and Mediation Services, Inc. ("JAMS"), or Net-ARB Inc. (“net-ARB”). It is the obligation of Buyer and Seller to perform their own due diligence and to review the websites and other sources of information available from AAA, JAMS and/or Net-ARB prior to any selection they may consider as the terms, procedures and prices of the respective arbitrators may vary. The arbitration shall take place within the State of California, County of Los Angeles, unless Buyer, Seller, and TRUST Escrow all agree otherwise in writing to a different arbitration provider or venue. In addition to the fact that Buyer and Seller agree to have any dispute, claim, question, disagreement or breach arising from or relating to TRUST Escrow's Terms of Use, these Escrow Instructions, or the Assignment Escrow Instructions, or the Transaction Detail Screens be determined through binding arbitration, Buyer and Seller also agree that any issue that may arise regarding the arbitrability of any dispute sent to arbitration under this section shall be determined by the arbitrator alone.
Unless Buyer, Seller, and TRUST Escrow all agree otherwise the arbitration shall be conducted before a single arbitrator who is a member of AAA, JAMS, or net-ARB, (the "Arbitration Provider"). The party initiating the arbitration will make a written request to the Arbitration Provider, including a copy of this arbitration provision (the "Arbitration Request"). The Arbitration Request will include a notice with the names of Buyer, Seller, and TRUST Escrow and the last known mailing addresses, telephone numbers, facsimile numbers, email addresses and contact person for each and every party. The Arbitration Request will be delivered concurrently to all parties, including TRUST Escrow. Although TRUST Escrow will be provided notice of the Arbitration Request and notice of the final award or decision of the arbitrator, TRUST Escrow will not be an actual party to the arbitration proceeding to resolve the dispute between Buyer and Seller unless TRUST Escrow voluntarily elects to intervene. The Arbitration Request will instruct the Arbitration Provider to select an arbitrator pursuant to the Arbitration Provider’s procedures existing at the time of the Arbitration Request. If the Arbitration Provider does not have an existing procedure for selecting an arbitrator the Arbitration Request will instruct the Arbitration Provider to randomly propose the name of three potential arbitrators and for the Arbitration Provider to submit those three names to all parties concurrently (the "the Arbitration Provider List"). No party may request to the Arbitration Provider that any particular arbitrator be included on the Arbitration Provider List. Any arbitrator specifically requested to be on the Arbitration Provider List is to be excluded. Each party may, within five days after receipt of the proposed names, strike and exclude one name from the list. Thereafter, the Arbitration Provider shall appoint as arbitrator a person whose name has not been struck from the list ("the Arbitration Provider Appointment") and an alternate. If for any reason the Arbitration Provider does not appoint an arbitrator within 15 business days of the submission by any party of its exclusion, either party may petition the Los Angeles County Superior Court, Los Angeles California for the appointment of an arbitrator. Within 10 calendar days after the appointment of the arbitrator, the arbitrator will schedule a pre-arbitration hearing, which will be conducted by telephone and shall be held within the next ten business days.
The arbitrator shall have the power to enter a default award if a party fails to participate in the arbitration.
Unless Buyer, Seller, and TRUST Escrow agree otherwise as set forth herein, the arbitration hearing shall take place in the County of Los Angeles, State of California, at a date, time and location selected by the arbitrator. The actual arbitration hearing must be commenced within 120 days after notice of the identity of the arbitrator is served (by either the Arbitration Provider or the Superior Court as the case may be). The hearing must be concluded within 90 calendar days after it is commenced. A decision shall be rendered within 10 calendar days after the conclusion of the hearing. The arbitrator shall establish any deadlines necessary to accomplish these time requirements.
Each party to the arbitration shall pay a pro-rata share of the arbitrator's expenses and fees, and the other arbitration expenses incurred or approved by the arbitrator, excluding attorney fees, witness fees, and other expenses incurred by a party for his or her own benefit. Because TRUST Escrow is not a party to a dispute between Buyer and Seller (and Broker when applicable), TRUST Escrow will not be responsible for any portion of the arbitration expenses and fees. The parties shall estimate their costs and pay their estimated share before commencement of the arbitration. Any extra arbitration costs shall be paid within ten business days after the close of the proceeding and before the award. A party that fails to pay its share shall not be allowed to participate in the arbitration. If a party fails to pay its share, the other parties shall pay pro rata the cost of the party that failed to pay. The arbitrator shall add such payment to the final award in such a fashion as to return the parties to the position they would have been in, to the greatest extent possible, if all had paid their share.
The arbitrator may award the prevailing party his or her expenses and fees of arbitration, including reasonable attorney fees and witness fees, in such proportion as the arbitrator decides.
Except as otherwise set forth in this Agreement, the arbitrator shall have the powers to determine the nature and extent of any discovery to be allowed and also will have all other powers provided in California Code of Civil Procedure sections 1282-1284.3.
Buyer and Seller (and Broker when applicable) understand and agree that failing to respond or otherwise comply with either party's or TRUST Escrow's notice/demand for binding arbitration pursuant to this section and/or failing to participate in the arbitration process will without notice result in forfeiture of any and all rights that the non-responding Buyer or Seller (or Broker when applicable) may have with regard to the subject matter of the dispute, including but not limited to rights Buyer or Seller (or Broker when applicable) have to the Escrow Funds and or any property associated therewith returned or distributed to them, and can result in a default judgment against such party.
Any award in such arbitration shall be final and binding upon the parties and judgment thereon may be entered in any court of competent jurisdiction. The arbitrator will be instructed to serve a copy of the final award or decision on TRUST Escrow and TRUST Escrow will comply with the arbitrator's final award or decision.
In the event of a dispute, Buyer and Seller (and Broker when applicable) are aware that no action on closing the Transaction will be taken on the part of TRUST Escrow until such time as the dispute is resolved except by either: (i) TRUST Escrow's receipt of a written notice of a joint instruction providing the terms of an agreed upon resolution; or (ii) an order of the arbitrator or a court of competent jurisdiction in response to Buyer's or Seller's (or Broker’s when applicable) or TRUST Escrow's action to institute binding arbitration in accordance with these Instructions; or (iii) the order of the arbitrator or a court of competent jurisdiction in response to TRUST Escrow's action for interpleader or other legal or equitable remedies. TRUST Escrow shall have no responsibility and/or liability to initiate and/or continue to update either party regarding status of the Transaction Escrow, arbitration or other legal proceeding. If instructed and all fees (the amount as set forth in the Terms of Using the Escrow Platform in effect at the time) are paid in advance, TRUST Escrow will place funds into an interest bearing account with no further authorization required for same. The disposition of the interest earned shall be decided concurrently with the resolution of the dispute. THE OBLIGATION OF TRUST Escrow, THE ESCROW HOLDER AND THEIR AFFILIATES SHALL BE LIMITED TO THE HOLDING AND DISBURSEMENT OF FUNDS UPON WRITTEN INSTRUCTIONS SIGNED BY ALL PARTIES OR AN AWARD FROM THE ARBITRATOR AND/OR JUDGE.
If Buyer and Seller are unable to resolve their dispute within 180 calendar days or agree to binding arbitration, TRUST Escrow reserves the right to initiate the binding arbitration process or pursue other legal action, including interpleading the funds with a court of competent jurisdiction. The goal is to resolve any transactional disputes between Buyer and Seller and/or issues related to their respective use of the TRUST Escrow app.
TRUST Escrow reserves the right to file an interpleader action in any court of competent jurisdiction. This right is absolute and unrestricted, regardless of any other provisions in these Escrow Instructions, and even if TRUST Escrow is named as a party in an arbitration or other dispute.
Following the buyer's acceptance, seller's acceptance, or the resolution of a dispute, all escrow funds due to the buyer and seller shall be paid as soon as possible. If the buyer overpays, we will reimburse the overpayment when escrow closes. If the buyer or seller is overpaid for any reason, the buyer and seller agree to promptly return the funds to TRUST Escrow. If an alternate payment method is requested, the payee agrees to pay any associated postage or wire fees. Additionally, the buyer and seller shall hold TRUST Escrow harmless from any loss that may arise due to currency conversion.
Buyer may choose Zelle or bank wire transfer as the method of payment. All escrow fund disbursements shall be made to Seller, or Buyer in the case of a refund, by ACH or domestic wire to the bank account confirmed by the payee.
Upon any payment or other disposition of the Escrow Funds, the Transaction shall be deemed closed and final with no further obligation on the part of Buyer, Seller, or TRUST Escrow.
In accordance with California Financial Code Section 17409, all Escrow Funds shall be deposited in a non-interest trust account of IES, with any institution acceptable to the California Department of Financial Protection and Innovation, and insured by the Federal Deposit Insurance Corporation (the "FDIC").
Buyer and Seller acknowledge that the maintenance of such escrow trust accounts may result in IES or a TRUST Escrow affiliate being provided with certain bank services, accommodations or other benefits by the bank. All such services, accommodations and other benefits shall accrue to the TRUST Escrow affiliates, and the TRUST Escrow affiliates shall have no obligation to account to Buyer or Seller or any other party to any escrow created hereunder for the value of such services, accommodations or other benefits.
Unless otherwise requested as specified herein, Escrow Funds do not earn interest for Buyer or Seller (or Broker when applicable). If Buyer or Seller (or Broker when applicable) anticipate an extended period of time before the Close of Escrow, Buyer or Seller (or Broker when applicable) may request in writing by email, and TRUST Escrow may approve, an instruction to have TRUST Escrow place the Escrow Funds into an interest bearing account for benefit of the Buyer or Seller (or Broker when applicable), as agreed upon in writing by all parties in compliance with California Financial Code Section 17409, (a "Special Account"). Said account shall be established at the bank wherein all IES trust monies are deposited. If this request is approved by TRUST Escrow, a one-time nonrefundable advance service charge of $100.00 will be charged to the party to whom the interest is due and payable.
In accordance with California Financial Code Section 17409, all Escrow Funds shall be deposited in a non-interest trust account of IES, with any institution acceptable to the California Department of Financial Protection and Innovation, and insured by the Federal Deposit Insurance Corporation (the "FDIC").
Buyer and Seller acknowledge that the maintenance of such escrow trust accounts may result in IES or a TRUST Escrow affiliate being provided with certain bank services, accommodations or other benefits by the bank. All such services, accommodations and other benefits shall accrue to the TRUST Escrow affiliates, and the TRUST Escrow affiliates shall have no obligation to account to Buyer or Seller or any other party to any escrow created hereunder for the value of such services, accommodations or other benefits.
Unless otherwise requested as specified herein, Escrow Funds do not earn interest for Buyer or Seller (or Broker when applicable). If Buyer or Seller (or Broker when applicable) anticipate an extended period of time before the Close of Escrow, Buyer or Seller (or Broker when applicable) may request in writing by email, and TRUST Escrow may approve, an instruction to have TRUST Escrow place the Escrow Funds into an interest bearing account for benefit of the Buyer or Seller (or Broker when applicable), as agreed upon in writing by all parties in compliance with California Financial Code Section 17409, (a "Special Account"). Said account shall be established at the bank wherein all IES trust monies are deposited. If this request is approved by TRUST Escrow, a one-time nonrefundable advance service charge of $100.00 will be charged to the party to whom the interest is due and payable.
To the extent permitted by law, Buyers or Sellers (or Brokers when applicable) registered with TRUST Escrow with a California address, Escrow Funds held on deposit for longer than twelve (12) months shall be charged an annual maintenance fee of fifty dollars ($50) (the “Maintenance Fee”), beginning with the last day of the twelfth month. Thereafter, the Maintenance Fee shall be charged on the last day of the twenty-fourth month, and finally on the last day of the thirty-sixth month. On the first day of the thirty-seventh month, TRUST Escrow shall have the right to escheat unclaimed Escrow Funds to the State of California pursuant to escheatment and unclaimed property laws.
All communication between TRUST Escrow to Buyer and Seller may be via email to the addresses listed in their user profiles. The Buyer and Seller agree to utilize the TRUST Escrow app to confirm all email communication from TRUST Escrow. Under California Civil Code Section 1633.15, an electronic record is considered sent when it is correctly addressed to its intended recipient and it either: (1) enters an information processing system outside the sender's control; or (2) enters a part of an information processing system that the recipient controls.
TRUST Escrow shall create, issue and verify digital identifications for all parties involved in a Transaction ("Digital Identification"). In accordance with California Civil Code Section 1633.9, and the general provisions of the Uniform Electronic Transaction Act, Digital Identifications shall be considered "electronic signatures", attributable to the person as if the Digital Identification were the act of the person, and may be shown in any manner, including any security procedure employed for verification purposes.
Digital Identifications are attached to all accepted electronic documents, and all notification emails. Buyer's Digital Identification is attached to all accepted documents when the Buyer selects the "Agree" button. Seller's Digital Identification is attached to all electronic documents when the Seller selects the "Agree" button, and when documents are transmitted from Seller to the TRUST Escrow app. Notwithstanding anything to the contrary, TRUST Escrow reserves the right to require ink signatures on hard copy documents, including these Escrow Instructions at any time.
If in our sole, good faith opinion we believe that the Transaction breaches these Escrow Instructions, or violates or could violate any applicable law, rule, or regulation, we can end the Transaction and pursue court-ordered protection of the Escrow Funds in a court of competent jurisdiction. This protection may include, but is not limited to, an impound account and/or appointment of a receiver.
If any dispute arises between the Buyer and Seller and such dispute is not resolved within the Negotiation Period, or if any conflicting demand shall be made upon TRUST Escrow, TRUST Escrow shall not be required to take any action until such time as TRUST Escrow receives written instructions signed by all parties. TRUST Escrow may take such action including but not limited to the institution of an arbitration proceeding or the filing of a judicial action as TRUST Escrow, in its sole discretion, elects to do. If TRUST Escrow is compelled to initiate arbitration and/or judicial proceedings to enforce the terms of these Escrow Instructions including but not limited to any action to collect unpaid fees and/or enforce judgments in any jurisdiction TRUST Escrow will be entitled to reimbursement of attorney fees and costs incurred.
If either the Buyer or Seller files for bankruptcy protection in a U.S. Bankruptcy Court while an escrow is open with TRUST Escrow, or while TRUST Escrow holds any property or provides any ongoing service related to an escrow, TRUST Escrow can cancel the escrow and return the property to the Seller without needing further instructions from either party.
The account holder confirms that they are at least 18 years old and have read and agreed to the terms of these Escrow Instructions, and the Assignment Escrow Instructions. If the user is acting on behalf of a legal entity, they also confirm to have the authority to bind that entity to these terms.
TRUST Escrow makes no representations or warranties, either expressed or implied, regarding the legality of the transaction, condition of ownership, sufficiency of instruments conveying ownership, or agreements thereof- and do not include any responsibility for the aforementioned items. Payment of sales tax, utilities, future performances of Buyer and Seller, transfer of any insurance policies or warranties, legality of the transaction or legal effect thereof or any other matters related to merchandise or this escrow not specifically included herein shall be considered outside of escrow and neither TRUST Escrow or its affiliates shall have any further responsibility or liability for the aforementioned conditions
These Escrow Instructions supersede our Terms of Use and any other agreements between parties involved in a transaction if there is a conflict. TRUST Escrow or any of its affiliates are not bound by any agreement between Buyer and Seller that is not stated in either the Assignment Escrow Instructions or these Escrow Instructions. By submitting below, Buyer and Seller agree to be bound by these Escrow Instructions and that constitutes an Electronic Signature, as defined by California's Uniform Electronic Transactions Act, to these Escrow Instructions and the Assignment Escrow Instructions.
This Agreement is governed by California law and applies to agreements made between California residents to be performed entirely within California, regardless of where the parties actually live. All parties agree to personal jurisdiction in California, specifically Los Angeles County. This choice of venue is mandatory, and all parties waive any right to claim forum non conveniens or object to jurisdiction or venue in any proceeding brought under these Escrow Instructions.
If any provision herein is found to be illegal, invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. If a provision is found illegal, invalid, or unenforceable in one jurisdiction, that will not affect the legality, validity, or enforceability of that provision in any other jurisdiction, or any other provision in any jurisdiction.
A party is excused from performance to the extent that such performance is prevented by a condition beyond the party's reasonable control.
These Escrow Instructions can be executed in two or more counterparts, each of which is considered an original, and all of which together make up a single document. The parties can sign and send a counterpart signature to each other electronically, and the recipient can attach it as a legal and valid signature. If executed in counterparts, no one is bound until everyone has signed. The parties can treat an electronic signature as an original signature for any and all purpose.
Section 27 gives you some definitions of capitalized terms that appear in the Escrow Instructions but other capitalized terms are defined above, which you can tell because the term is put in quotation marks and bold font.
Capitalized terms not defined below or above have the meanings described in the Site Terms of Use or elsewhere in the Terms of Service.
A person or entity offering personal property or services for sale, and desiring to use the TRUST Escrow app in order to close such a sale, shall hereinafter be referred to as "Seller
A person or entity desiring to purchase personal property or services from a Seller, by use of the TRUST Escrow app for completing the purchase shall be referred to as "Buyer".
End of Escrow Instructions.
Revised March 19th, 2025.