What is a Principal in Real Estate and Escrow? - New Venture Escrow (2024)

What is a Principal in Real Estate and Escrow?

If you’ve looked into any sort of real estate or escrow transactions, you may have seen the term principal used a lot. But, what is a principal in real estate?

If you are not a real estate expert, you might not be so sure as to who the principal is. But fear not, in this article you will learn exactly who the principal is and what their role in real estate and escrow are.

Let’s get started!

What is a Principal in a Real Estate Transaction?

So, what is a principal?

In simple terms, the principals in a real estate sale transaction would be the buyer and the seller. In the case of an escrow account, the principals would be the parties who give instructions to the escrow holder.

What is a Principal in Real Estate and Escrow? - New Venture Escrow (1)

As you can see, specifically in the context of real estate and escrow, the principal can be anyone involved in a contract. This means that this could be the seller, buyer, broker, or property manager.

When Does a Principal Become a Client?

A principal becomes a client once they have agreed to hire and have signed an agreement with either an agent or brokerage firm to represent the principal in their real estate transaction.

That’s right – YOU could become the client AND the principal.

Once this happens, you will need to contact and hire an agent or brokerage firm to represent you in your real estate transaction. The main role of the principal is to find the agent or brokerage firm that will best represent you and be able to address all of your needs.

The Agent or Brokerage Firm’s Role in Real Estate

The role of the agent or brokerage firm is simple. They serve the requests and desires of the principal and relay that direction to the Escrow Holder. The agent or brokerage firm ultimately represents the seller and their needs.

Buying or selling a home is a big deal and a stressful process, so you want to make sure you will have a good working relationship with your agent. Here are some factors to consider when seeking out an agent that is right for you:

  • Your timeline: Who will be the best fit for the time period you’d like to spend selling or buying a property?
  • Experience Level: Be sure they have the experience you are looking for. If they are newer, do they have the leadership to help guide and support them if needed?
  • Recent Performance: You may want to ask how many transactions they have completed within the last year to determine if they are on a track that is suitable for you.
  • Their Schedule: Similarly to their recent performance, are they going to be too busy to give you the time you will need?
  • Do they know the area?: Are they familiar with the area, and are you comfortable with their knowledge of it?
  • Do you like them?: You want an agent that you can talk to, ask questions, share thoughts, and have a good relationship with. Make sure they are friendly and helpful and will be able to deliver what you need.

Since you (the principal) and the agent will be working closely together, it is essential to make sure the agent is a good fit for you! Keep reading to learn more about the principal-agent relationship in your real estate transaction.

In the Know: Principal-Agent Relationship

When a principal and agent (or brokerage firm) are both involved in the sale of a real estate property, they have a close working relationship. They work together to ultimately get a property sold and complete a transaction. This should be a mutually beneficial relationship that works in favor of both parties.

But, unfortunately, that doesn’t always happen. With the informational advantage of brokers, it’s possible for an agent to act in their own interest as opposed to the best interest of the principal.

So, how do we ensure that the client is protected? Answer: A fiduciary relationship.

Build a Fiduciary Relationship

So, what is a fiduciary relationship? Let us explain.

A fiduciary relationship is a legal and confidential relationship between two parties.

Once a principal hires an agent or brokerage firm, the agent or brokerage firm now has a fiduciary duty to represent the principal, who has now become the client. They must act honestly, fairly, and have the client’s best interests in mind. If fiduciary duties are neglected, the agent or brokerage firm will be held accountable.

Duties of an Agent

The National Association of Realtors defines a set of fiduciary duties so that an agent maintains the principal’s best interests. The duties of an agent are as follows:

  1. Loyalty
  2. Confidentiality
  3. Disclosure
  4. Obedience
  5. Reasonable Care and Diligence
  6. Accounting

These fiduciary duties can be in addition to any other obligations created in a contract of employment to ensure the principal is not to be taken advantage of and is formally protected.

Learn More Real Estate Tips through New Venture Escrow

Through this article, you learned about the unique role of a principal in a real estate transaction.

Have more questions about principals, agents, or escrow? Here at New Venture Escrow, our experts are ready to help you in every step of your real estate journey.Contact us and we will answer all of your questions and guide you through the escrow process.

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What is a Principal in Real Estate and Escrow? - New Venture Escrow (2024)

FAQs

What is a Principal in Real Estate and Escrow? - New Venture Escrow? ›

Definition of Principals to the Escrow

What role do the principals play in an escrow? ›

In the case of an escrow account, the principals would be the parties who give instructions to the escrow holder. As you can see, specifically in the context of real estate and escrow, the principal can be anyone involved in a contract. This means that this could be the seller, buyer, broker, or property manager.

What does principal mean in real estate? ›

The principal is the individual who is selling the real estate property, while the agent is the licensed broker who has been contracted to represent the seller.

What is an escrow in real estate? ›

The technical definition of an escrow is a transaction where one party engaged in the sale, transfer or lease of real or personal property with another person delivers a written instrument, money or other items of value to a neutral third person, called an escrow agent or escrow holder.

What does principals only mean in real estate? ›

The phrase "principals only", often found in real estate ads, is meant to exclude real estate agents from contacting the owners of the property.

Is escrow and principal the same thing? ›

The escrow balance for a mortgage refers only to that money set aside to pay for obligations like taxes and insurance that are paid on your behalf by your mortgage servicer. The principal balance refers instead to the amount of the home loan that is still outstanding.

Should I pay the principal or escrow? ›

Which Is More Important? Both the principal and your escrow account are important. It's a good idea to pay money into your escrow account each month, but if you want to pay down your mortgage, you will need to pay extra money on your principal. The more you pay on the principal, the faster your loan will be paid off.

How much of my mortgage payment goes to principal? ›

After a year of mortgage payments, 31% of your money starts to go toward the principal. You see 45% going toward principal after ten years and 67% going toward principal after year 20.

Is a principal always an owner? ›

While principals usually are sole owners, that's not always the case. Principals are also often defined as persons who own 10 percent or more of the equity in a business. Even more loosely, anyone with any share of ownership may be called a principal.

Is principal the same as owner? ›

In a business context, a principal is a key figure in the company's management. The term usually refers to the owner of a private company or primary decision-maker. This may be the chief executive officer (CEO), but the title can be appointed to numerous individuals regardless of job titles.

Who owns the money in an escrow account? ›

Who owns the money in an escrow account? The buyer in a transaction owns the money held in escrow. This is because the escrow agent only has the money in trust. The ownership of the money is transferred to the seller once the transaction's obligations are met.

Do you get escrow money back? ›

Escrow refunds generally come when there's an expense that's smaller than expected, such as a lower insurance bill or fewer taxes. Your mortgage servicer pays the lower amount and then, when the servicer conducts an escrow analysis, the difference will be refunded to you, typically by check.

What is escrow in simple terms? ›

Escrow refers to a neutral third party holding assets or funds before they are transferred from one party in a transaction to another. The third party holds the funds until both buyer and seller have fulfilled their contractual requirements.

Is the principal the buyer or seller? ›

Definition: A principal or client is a party who has signed an agreement with an agent or, more specifically, a broker. In other words, it is any person directly involved in a contract, such as a buyer or a seller.

What are the different types of principals in real estate? ›

Partially Disclosed Principal.

This scenario differs from those of the disclosed and undisclosed principal because the agent here can remain liable to the third party if the third party believes the agent is the actual party, but remains clueless as to the principal's identity.

What is the difference between an agent and a principal? ›

In each scenario, the principal is the individual seeking out the service or advice of a professional, while the agent is the professional performing the work.

What is the main role of a principal? ›

Elementary, middle, and high school principals oversee all school operations, including daily school activities. They coordinate curriculums, manage staff, and provide a safe and productive learning environment for students.

What are the primary responsibilities of the principal? ›

Principals are in charge of overseeing every aspect of a school, from teacher evaluations to student achievement, and from yearly budgets to community engagement. The amount of responsibility is high but a diligent school principal will know how to prioritize and delegate tasks.

What is the role play of principal? ›

The role of the Principal is to provide leadership, direction and co-ordination within the school. The Principal's main focus should be to develop and maintain effective educational programs within his/her school and to promote the improvement of teaching and learning with his/her school.

Who prepares escrow instructions? ›

After escrow opens, the escrow holder will have a property title search performed with the designated title company (if it hasn't already been done), and will prepare escrow instructions for the parties' signatures.

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