Escrow Waiver Agreement Template for Canada

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Key Requirements PROMPT example:

Escrow Waiver Agreement

"I need an Escrow Waiver Agreement for a residential property sale in Ontario, Canada, closing on March 15, 2025, where both parties have agreed to handle the $2.5M purchase price through direct bank transfer instead of escrow."

Document background
The Escrow Waiver Agreement is utilized in Canadian business transactions where parties choose to proceed without traditional escrow services, despite such services being customary or recommended. This document becomes relevant in situations where parties have established sufficient trust or have implemented alternative security measures for their transaction. The agreement serves to formally document the parties' informed decision to waive escrow, acknowledge associated risks, and establish alternative arrangements for handling funds or assets. It must comply with relevant Canadian federal and provincial legislation, including securities regulations, financial services laws, and consumer protection requirements where applicable. The document is particularly important for risk management and legal compliance, as it creates a clear record of the parties' intentional deviation from standard escrow practices.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the potential escrow agent being waived

2. Background: Context of the transaction and explanation of why parties are choosing to waive escrow

3. Definitions: Key terms used throughout the agreement

4. Escrow Waiver: Express waiver of escrow requirements and acknowledgment of alternative arrangement

5. Risk Acknowledgment: Explicit acknowledgment of risks associated with waiving escrow protection

6. Representations and Warranties: Statements by parties confirming their understanding and capacity to enter into the waiver

7. Alternative Payment Arrangements: Details of how funds will be handled without escrow

8. Release and Indemnification: Mutual release of liability related to the waiver of escrow

9. Governing Law: Specification of applicable jurisdiction and governing law

10. General Provisions: Standard contract provisions including severability, entire agreement, and amendments

Optional Sections

1. Regulatory Compliance: Required for transactions subject to specific regulatory oversight, detailing compliance with applicable regulations

2. Real Estate Provisions: Specific provisions required when the waiver relates to real estate transactions

3. Securities Transfer Provisions: Specific provisions required when the waiver relates to securities transactions

4. Third Party Rights: Provisions regarding rights of third parties who may be affected by the waiver

5. Dispute Resolution: Optional arbitration or mediation provisions

6. Termination Rights: Conditions under which the waiver agreement can be terminated

7. Insurance Requirements: Additional insurance requirements to mitigate risks of waiving escrow

Suggested Schedules

1. Schedule A - Transaction Details: Detailed description of the underlying transaction for which escrow is being waived

2. Schedule B - Risk Disclosure: Comprehensive list of risks associated with waiving escrow

3. Schedule C - Payment Schedule: Timeline and details of payment arrangements replacing escrow

4. Appendix 1 - Regulatory Notices: Required regulatory notices and disclaimers

5. Appendix 2 - Consent Forms: Additional consent forms required by applicable laws or regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Real Estate

Financial Services

Securities and Investments

Technology

Manufacturing

Mergers and Acquisitions

Construction

Commercial Property

Private Equity

Business Services

Relevant Teams

Legal

Finance

Compliance

Risk Management

Corporate Development

Real Estate

Investment

Treasury

Operations

Business Development

Relevant Roles

Chief Financial Officer

Legal Counsel

Corporate Attorney

Risk Manager

Compliance Officer

Real Estate Manager

Investment Manager

Transaction Manager

Business Development Director

Finance Director

Corporate Secretary

Contracts Manager

Treasury Manager

Real Estate Broker

Securities Dealer

Due Diligence Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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