Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
SECTION 1.
Section 17A of chapter 184 of the General Laws, as
appearing in the 1998 Official Edition, is hereby amended by adding the
following paragraph:-
If an individual, firm or corporation holds funds
entrusted to him pursuant to
a written agreement for the sale of real property and the written agreement
expressly authorizes the individual, firm or corporation, as escrow agent, to
continue to hold the
funds in the event of a dispute between the buyer and seller concerning
entitlement to the funds, no claim shall be maintained against the individual,
firm
or corporation, as
escrow agent, whether as trustee, stakeholder or otherwise, if the escrow agent
has complied with the mutual written instructions of the
buyer and seller, if any, and any order or judgment of a court or
final decision of an arbitrator with regard to accounting for or disbursing
the funds. In an action commenced with regard to entitlement to such escrowed
funds,
a party to the action may file a motion seeking an order to have the funds paid
into court
by the escrow agent. Written notice of the motion shall be given by the moving
party to all
other parties and to the escrow agent. The escrow agent shall pay the funds
into
court within ten days of receipt of such order or within such other time
as provided by the court.
SECTION 2.
This act shall apply to agreements for the sale of
real property entered into or executed on or after the effective date
of this act.
Approved June 15, 2000.