In California, the transfer of real property is handled by a neutral third party, known as an escrow company. Escrow companies handling real property transfers are tightly regulated as millions of dollars can pass through their companies as the buying and selling process proceeds. Beyond real property escrow, escrow companies can also facilitate depository actions for personal property, including stock in a corporation, transactions for airplanes or other heavy machinery, and more.
Whether you’re a California escrow company in need of some legal guidance or you’re facing litigation due to an escrow dispute, RELAW, APC is here to help. Our qualified attorneys offer advocacy and counsel to escrow companies. We’ll consider all aspects of your case to minimize your escrow company’s risks and to resolve whatever issue you’re facing.
General Counsel Services
RELAW, APC serves as outside general counsel for many escrow companies. Our qualified team of attorneys helps escrow companies manage the many legal issues that may come up on a day-to-day basis, including problems with vendors, regulators, consumers, employees, and more.
With specialists in individual fields of law common to escrow companies, such as regulatory compliance, corporate issues, and litigation, our attorneys can provide the best next steps for your company and legal guidance throughout the duration of your case.
While compromise outside the courtroom is always preferable to facing litigation for your escrow dispute, RELAW, APC knows what it takes to fight for your company’s rights in front of a judge or arbitration. Our attorneys understand that when an escrow company is sued for a breach of contract, breach of fiduciary duty, negligence, or another legal issue, time is of the essence. We work quickly to fight for your best-case resolution, every time.
RELAW, APC can assist you in defending cases from regulatory bodies, such as the Department of Business Oversight, Department of Real Estate, and more.
Breach of Contract and Breach of Fiduciary Duty Defense
If an escrow company holding a deposit fails to abide by the terms of the escrow agreement or does not meet their fiduciary duties, a lawsuit can ensue. Known as breach of contract or breach of fiduciary duty, an escrow company that has not followed instructions in the escrow agreement, improperly handled real or personal property, failed to write up a proper escrow agreement, not delivered a title at the agreed-upon time, or not met the conditions for transfer can find themselves facing litigation. The claims of such breaches, even when such a breach did not actually occur, can result in a lawsuit.
RELAW, APC provides defense for escrow companies who are facing breach of contract and breach of fiduciary duty claims. We defend businesses who are being sued and offer practical strategies for both settling current disputes and for preventing these issues in the future.
Regulatory and Department of Business Oversight Compliance
Escrow companies are highly regulated, and compliance is essential. In California, the Department of Business Oversight creates and enforces regulations to govern escrow companies. The escrow attorneys at RELAW, APC can help draft documentation, create procedures and assist on transactions to assist you in complying with these regulations as well as advising you how to take preventative measures to avoid future potential legal disputes.
In the state of California, escrow company formation is a complex and highly regulated process. RELAW, APC provides corporate formation services for escrow companies, including the preparation and processing of necessary legal documentation, regulatory applications and more. Our attorneys will help you comply with the required regulations and laws surrounding the escrow company formation process.
If you own an escrow company and want to sell shares in the business, it’s important to know how to begin and how to move through the process. Stock sales require approval from regulators before a transfer of ownership can occur. We handle the preparation, procedures, and paperwork to acquire stockholders, and also offer any advocacy or counsel you may need if disputes arise.
Mergers and Acquisition
In recent years, the number of mergers and acquisitions of escrow companies and corporations has skyrocketed in California. If you would like to merge or acquire an escrow company yourself, RELAW, APC is here to help.
Our escrow attorneys can help ensure your merger or acquisition moves forward smoothly under the laws and regulations governing escrow corporations. We will submit the proper paperwork on your behalf, ensure you take the appropriate steps during your merger or acquisition, and help you take preventative legal measures to avoid any future conflicts.