GENERAL ESCROW TERMS AND CONDITIONS.

Great American Title Agency Inc, offers escrow services globally, with licensing in the U.S. Canada, UK, and Australia. 

In Australia, our services are provided by Payments Australia Pty Ltd, an Australian company (ABN 68 166 996 685). In Canada, services are provided by Canadian Payments Inc., a British Columbia corporation. In all other jurisdictions, services are provided by Great American Title Agency Inc, doing business as "title agency", a California corporation.

By using this website, you agree to the website's terms and conditions, which may include various aspects like user conduct, privacy policies, and intellectual property rights. Essentially, by accessing and using the site, you enter into a legal agreement with the Great American Title Agency Inc, accepting the stated terms.

These Terms apply to the Seller, Buyer, and Broker (each a ”Party” or “Underlying Party,” and collectively ”Parties” or “Underlying Parties”) involved in any Escrow Transaction in connection with the Escrow Services. References to ”You” and ”Your” in the terms apply to you or the organization you represent in connection with an Underlying Transaction (as defined below) as the Seller, the Buyer, and/or the Broker as the context requires. In addition to these Terms, You are also subject to certain other terms, conditions, and agreements (collectively, the “Escrow Terms of Service”), including:

  • Escrow Site Terms of Use
  • Privacy Policy
  • General Escrow Instructions
  • The Transaction Escrow Instructions and any Supplemental Escrow Instructions
  • The Company Rules
  • The Payment Policy

The Underlying Parties engage our Agency to act as escrow agent pursuant to these Terms and further agree to the entirety of the Escrow.com Terms of Service.

1. AGREEMENT TO CONDUCT ESCROW TRANSACTION BY ELECTRONIC MEANS. BY REGISTERING FOR AND PARTICIPATING IN THE SERVICES (AS DEFINED BELOW), THE UNDERLYING PARTIES AGREE WITH OUR AGENCY TO CONDUCT THE ESCROW TRANSACTION (AS DEFINED BELOW) BY ELECTRONIC MEANS UNDER CAL. CIV. CODE § 1633.5(B).

2. Definitions and Interpretation.

  1. Any capitalized term not otherwise defined elsewhere in the Escrow.com Terms of Service shall have the definition and interpretation set forth below:
    1. “Account“ means an escrow account of a Buyer, Seller, or Broker to which payments will be credited and from which payments will be debited.
    2. “Affiliate“ means an entity that is, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with our Agency.
    3. “Applicable Law“ refers to all laws, regulations, payment network rules, and automated clearinghouse rules applicable to the services provided under the Escrow Terms of Service, as well as all orders, judgments, or written directives of any court or governmental entity with authority over the Parties, services, or transactions subject to the Escrow Terms of Service.
    4. “Arbitration Commencement Period“ means the fourteen (14) calendar day period commencing at the conclusion of the Negotiation Period.
    5. “Broker“ means a person or entity offering to broker personal property or services for sale through the Site.
    6. “Business Day“ means Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m., other than legal holidays in San Francisco, California observed by our Agency.
    7. “Buyer“ means a person or entity desiring to purchase personal property or purchase other services from a Seller by use of the Site.
    8. “Buyer Inspection Period“ means the Inspection Period applicable to Buyer as specified herein.
    9. “Close of Escrow“ means consummation of the Escrow Transaction.
    10. “Dispute Date“ means the date of: (A) Seller’s rejection or return of the Merchandise as indicated on the Site; (B) Escrow’s rejection of the Merchandise on behalf of Seller if Seller is unable to access the Site; or (C) the notification by a Party to another Party of any dispute, claim, disagreement, or breach related to these Terms or an Escrow Transaction.
    11. “Escrow Fees“ means the fees due to Escrow for the Services.
    12. “Escrowed Funds“ means funds held in escrow with our Agency.
    13. “Escrow Instructions“ means the entire set of instructions, terms, conditions, and details governing an Escrow Transaction, comprised of: (i) the General Escrow Instructions, applicable to all Escrow Transactions; (ii) the Transaction Escrow Instructions, agreed to by the Underlying Parties when arranging an Underlying Transaction; and (iii) any Supplemental Escrow Instructions subsequently agreed to by the Parties.
    14. “Escrowed Property“ means Escrowed Funds or other items held in escrow by our Agency.
    15. “Escrow Services“ means the transaction management and escrow services provided by our Agency, including the holding of Escrowed Funds or Escrowed Property.
    16. “Escrow Transaction“ means the portion of a transaction involving Escrow Services provided by our Agency, which may include the holding and release of Escrowed Funds or Escrowed Property in accordance with the Escrow Instructions and these Terms.
    17. “General Escrow Instructions“ means the instructions and terms published on the Site applicable to all Escrow Transactions.
    18. “Inspection Period“ means the period by which Buyer or Seller must inspect the subject property, as applicable.
    19. “Merchandise“ means any item of tangible (capable of being physically touched or precisely identified) goods or property transacted on Escrow. This term also includes certain intangible goods or property such as domain names, IPV4 addresses, pre-written computer software, source codes, intellectual property, and any other property as approved by our Agency in its sole discretion.
    20. “Milestone Transaction“ means the transactions relating to services provided by a Seller.
    21. “Negotiation Period“ means fourteen (14) calendar days beginning with the Dispute Date.
    22. “Parties“ means Escrow and the Underlying Parties.
    23. “Personal Property“ means any movable thing or intangible item of value that is capable of being owned by a natural individual or a legal entity and not recognized as real property.
    24. “Prohibited Transaction“ means any transaction or attempted transaction described in Section 5 of these Terms below.
    25. “Seller“ means a person or entity offering property or services for sale as permitted under the Escrow Terms of Service and desiring to use the Site to close the sale.
    26. “Seller Inspection Period“ means the Inspection Period applicable to Seller as specified herein.
    27. “Seller Services“ means those services offered for sale by a Seller including physical labor or activity, artistic labor or activity, consultation or advice services, a system for providing services such as transportation, communications, utilities and doing work and providing something of value other than a physical tangible product.
    28. “Site“ means our Agency's website.
    29. “Supplemental Escrow Instructions“ or “Supplemental Escrow Terms” means any instruction, condition, or term agreed to by the Underlying Parties after Buyer and Seller (and Broker when applicable) all complete the initial Transaction Escrow Instructions to govern an Underlying Transaction. This term includes new supplemental instructions or conditions, modifications or amendments to the initial Transaction Escrow Instructions, and changes to the Transaction Detail Screens. Supplemental Escrow Instructions or Terms must be agreed to in writing and signed by all parties (Buyer, Seller, Escrow and Broker when applicable).
    30. “Transaction Detail Screens“ means the screens on the Site containing the details of the Underlying Transaction provided by the Underlying Parties.
    31. “Transaction Escrow Instructions“ means the terms, conditions, and other provisions relating to a specific Underlying Transaction or Escrow Transaction, as agreed to by the Underlying Parties on the Transaction Detail Screens.
    32. “Underlying Parties“ means Buyer, Seller and Broker (if applicable).
    33. “Underlying Transaction“ means the underlying transaction between or among Buyer, Seller and Broker (if applicable) for the sale of Merchandise or Seller Services, for which the Underlying Parties engage Escrow for the provision of Escrow Services.
    34. “User“ means one of the Underlying Parties using the Site in connection with an actual or proposed Underlying Transaction.
  2. The following rules of interpretation apply:
    1. References to “discretion” mean Escrow’s sole and absolute discretion.
    2. References to “consent” mean a Party’s prior written consent, which in the case of Escrow may be given or withheld in its discretion.
    3. References to “including” mean “including but not limited to”.
    4. References to the singular include the plural and vice versa as the context may require.
    5. References to the time of day means United States Pacific Time.
    6. References to Buyer and Seller include the Broker if a Broker is expressly authorized by a Seller or Buyer to act on behalf of and bind the applicable Buyer or Seller.
    7. References to currency is to U.S. dollars or any other currency expressly accepted by all relevant Parties from time to time.
    8. References to “days” means Business Day unless otherwise indicated.
    9. Reference to “good faith” means honesty in fact in the conduct concerned, measured subjectively.
    10. All communications relating to an Underlying Transaction or Escrow Transaction shall be in English.
3. Description of the Escrow Service. The Escrow Services are Internet-based transaction management services performed by Great American Title Agency Inc. as escrow agent on behalf of a Buyer and Seller in connection with a transaction for the sale of property or services. Escrow Services are intended to facilitate the completion of the Underlying Transaction in accordance with the Escrow Terms of Service. Although one or more of the Underlying Parties and the Escrowed Property or Merchandise may be a citizen of and/or physically located in a location, venue or jurisdiction other than San Francisco, California, the Underlying Parties all represent and agree that the Escrow Transaction and Escrow Services are being coordinated and taking place in San Francisco, CA.