Account# __________
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ESCROW AGREEMENT
THIS ESCROW AGREEMENT (the “Agreement”) dated ___________, is made between, Erie County
Clerk (the “Clerk”) and _____________________________________________________ (the “Customer”).
WHEREAS, the Clerk provides various services for fees and costs as prescribed by New York statute and Erie
County law;
WHEREAS, the Customer and the Customer’s employees and/or agents require the services of the Clerk’s
Office; and
WHEREAS, the Customer and the Clerk have sought an efficient and effective means of obtaining such
services;
NOW, THEREFORE, the Clerk and the Customer agree as follows:
1. A non-interest bearing escrow account shall be established primarily for payment of charges, costs, and
fees incurred by Customer; as a courtesy, payment overages may be deposited by Clerk. Any account
established pursuant to the provisions of this Agreement shall exist for a minimum of two (2) months and
shall not be terminated within that time period by Customer. However, any request for a refund shall be
deemed a request for refund of the entire balance of the account and shall, in addition, be deemed a
request to close the account. No partial refunds will be made. In the event that an account is closed
under such circumstances, Clerk shall not establish a separate and new account except after a period of
three months. Clerk reserves the right to close an account for any reason at any time.
2. The Customer shall deposit funds into and maintain a balance in the escrow account to be drawn upon
by the Customer for payment of Clerk’s fees, charges, and costs.
3. An executed Agreement and the initial escrow deposit of $250 (Two Hundred Fifty Dollars) must be
submitted to the Clerk’s Office in order to establish an account. The Clerk shall notify the Customer of
the establishment and availability of the escrow account by written transmittal of the escrow account
number to the Customer’s address as indicated in this Agreement.
4. It is the Customer’s sole responsibility to maintain the privacy of the assigned escrow account assigned
to the Customer. The Clerk is not responsible for any unauthorized usage of the escrow account.
5. The receipt of the transaction shall be the record of the deposit, refund, or amounts paid when depositing
money to the account or recording or filing documents, or obtaining copies from the Clerk.
6. The Customer shall maintain adequate funds in its escrow account to ensure timely processing of
service transactions. If the Customer’s escrow account balance is insufficient to process a transaction
request, the transaction request will not be completed until sufficient funds are received and deposited.
7. The escrow account may be replenished at any time with a deposit by cash, check, money order, credit
card, or online at the County Clerk’s website (credit card only). If adding funds online, Customer is
responsible for providing the correct account number for reference; County shall not be liable for any
damages or loss incurred should the account identification field be completed incorrectly or incompletely.
The use of a credit card will result in an additional processing fee charged by the credit card company to
the Customer. The Customer may mail or deliver the deposit to the Accounting Department or to a
cashier in the County Clerk’s Office. The Customer will receive monthly escrow account activity
statements for months in which escrow activity occurs only. In the event that County provides access to
account records online, County shall cease providing monthly account activity statements.
8. If the Customer desires to close its escrow account, the Customer must provide written notice to the
Clerk. The notice must indicate the Customer name and the escrow account number to be closed.
