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GRIMSBY · E-2 FIELD GUIDE

What if I only have a draft escrow clause?

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THE DIRECT ANSWER

Identify it as a draft and explain unresolved terms. Do not present the arrangement as funded and binding if it is not.

Preserve the negotiation stage

Appropriate advice can address the actual proposed structure without inventing completed facts.

Property title and valuation for any asset pledged, the loan agreement and drawdown records, bank statements for every account the money passed through, the purchase agreement and escrow terms, and receipts for equipment and inventory purchased. Gather sale, inheritance or acquisition records, closing statements, bank transfers, currency conversions, escrow terms, formation papers, capitalization, ownership, contracts, premises, purchases, and a credible operating plan. Bank records tracing funds from their lawful origin to the enterprise, the purchase agreement, escrow terms, loan documents identifying what secures each borrowing, and receipts for expenditure already made all speak to commitment. Where funds sit in escrow, the escrow instructions themselves become important: conditions that permit return to the buyer keep the money out of the analysis, and everyone involved should understand that before the closing structure is fixed. Where a purchase is conditional on the visa, an escrow is normal, and its terms are then part of the evidence: money returnable at the buyer's option is not committed, whereas an escrow releasable on approval with the deposit otherwise irrevocable is a different instrument.