Commercial Real Estate Escrow
Escrow for Complex CRE Deals
PayKeeper's escrow-at-scale platform delivers the technology and efficiency that modern CRE portfolios require.
- Good Faith / Earnest Money Deposits
- Purchase Holdbacks
- Litigation and Restitution
- Leasing Payments
- Retainage and Construction Holdbacks
- Ring-Fencing Funds
Protecting Transaction Deposits for All Parties
For Purchasers: Track your deposit status 24/7 through the PayKeeper portal. If deal contingencies aren’t satisfied, automatic refund workflows eliminate disputes and accelerate your return of funds.
For Sellers: Protect your negotiating position without the risk of deposit disputes. PayKeeper’s platform clearly documents release conditions, tracks contingency deadlines, and provides irrefutable proof of deposit handling for any potential litigation. Hard deposit dates trigger automatic notifications to all parties.
For Brokers and Intermediaries: Reduce your fiduciary liability by outsourcing deposit holding to a licensed, insured third party. PayKeeper handles all deposit accounting, provides transaction parties with direct portal access, and eliminates your exposure to deposit dispute claims.
For Attorneys: Ensure your purchase agreements are executed exactly as written. PayKeeper’s conditional release logic can handle complex contingency structures including financing contingencies, due diligence periods, tenant approval requirements, and more. Every deposit movement is logged with tamper-proof timestamps.
Key Features:
- Segregated deposit accounts for each transaction
- Customizable contingency tracking and deadline management
- Automated notifications for contingency expiration dates
- Multi-party approval workflows for disputed releases
- Integration with purchase and sale agreement terms
- Hard deposit automation and non-refundable conversion
- Backup contract management and secondary deposit coordination
- Interest-bearing options for large deposits on extended timelines
- Dispute resolution documentation and audit trails
- Same-day deposit acceptance and wire capabilities
Securing Post-Closing Obligations and Representations
For Purchasers: Protect your acquisition investment without maintaining ongoing relationships with sellers post-closing. PayKeeper holds back funds until warranty claims are resolved, tenant matters are completed, or environmental clearances are obtained. Set custom release schedules based on time periods or specific conditions.
For Sellers: Receive holdback releases automatically when conditions are satisfied, without requiring buyer cooperation or attention. Track claim windows, upload evidence of warranty satisfaction, and receive funds promptly when your obligations are complete. PayKeeper’s neutral third-party status prevents buyers from improperly withholding earned releases.
For Lenders: Ensure that purchase price adjustments and seller obligations don’t create title or priority issues. PayKeeper’s holdback accounts are clearly subordinated or structured to protect lender interests, with full transparency into potential claim amounts.
For Attorneys: Draft holdback provisions knowing they’ll be executed precisely as written. PayKeeper can handle complex release conditions including survival period expirations, tenant lease-up requirements, certificate of occupancy deliveries, environmental clearances, litigation settlements, and more.
Key Features:
- Multiple holdback categories within a single escrow account
- Automated release schedules based on time periods or conditions
- Claim submission and documentation portals
- Dispute resolution workflows with evidence submission
- Partial release capabilities for satisfied obligations
- Indemnification claim tracking and offset calculations
- Third-party vendor payment directly from holdback funds
- Integration with representation and warranty insurance
- Tax Form 1099 preparation for released amounts
- Multi-year holdback management for extended warranty periods
Neutral Administration of Legal Settlements
For Plaintiffs and Claimants: Receive clear visibility into settlement fund balances, distribution schedules, and your pro-rata share. PayKeeper provides secure portal access to track claim adjudication status and payment timing without requiring updates from opposing counsel.
For Defendants and Obligors: Demonstrate good faith compliance with settlement terms through transparent fund administration. PayKeeper’s neutral platform provides court-admissible proof of all deposits and distributions, protecting you from allegations of improper payment or preferential treatment.
For Court-Appointed Administrators and Receivers: Reduce fiduciary liability with institutional-grade fund management and reporting. PayKeeper provides the audit trails, accounting records, and distribution documentation required for court reporting, with built-in safeguards against misappropriation or error.
For Attorneys: Focus on legal strategy while PayKeeper handles settlement mechanics. Our platform can administer class action settlements, receivership distributions, judgment satisfaction payments, and restitution funds with complete transparency and court-ready documentation.
Key Features:
- Qualified settlement fund (QSF) administration under IRC Section 468B
- Multi-claimant distribution calculations and pro-rata allocations
- Structured settlement payment scheduling
- Claims administration portal with document upload
- Court-ordered payment verification and proof of distribution
- Lien satisfaction tracking and release coordination
- Tax reporting and Form 1099 preparation
- Attorney fee and cost distribution from settlement funds
- Disputed claim holdback and resolution workflows
- Subrogation and assignment tracking
Modern Alternatives to Traditional Security Deposits
For Tenants: Preserve working capital by using PayKeeper’s letter of credit alternatives and security deposit insurance products. For build-outs, receive your TI allowance as construction milestones are completed, with transparent tracking of remaining allowance balances.
For Landlords and Operators: Protect your interests without the administrative burden of segregating security deposits or tracking TI allowance draws. PayKeeper automates allowance disbursement based on architect certifications or contractor invoices, while maintaining proper documentation for accounting and tax purposes.
For Property Managers: Eliminate security deposit accounting across your portfolio. PayKeeper provides per-lease tracking, automated interest calculations where required, and seamless coordination with your property management software.
For Lenders: Ensure that tenant improvement loans and landlord obligations don’t create priority disputes. PayKeeper’s escrow structures can be subordinated to your mortgage and provide complete transparency into landlord funding obligations.
Key Features:
- Tenant improvement allowance administration and draw management
- Security deposit alternatives and letter of credit substitutes
- Free rent and lease incentive tracking
- Co-tenancy violation escrow accounts
- Percentage rent verification and overage reconciliation
- CAM reconciliation holdback for disputed charges
- Lease renewal incentive and allowance tracking
- Multi-location tenant coordination for portfolio leases
- Subordination non-disturbance and attornment (SNDA) payment coordination
- Build-out milestone verification and architect certification requirements
Streamlining Retention Release and Lien Management
For Owners: Automatically withhold contractual retainage percentages from each progress payment. Release retainage upon substantial completion, final completion, or after lien waiver periods expire. PayKeeper tracks lien deadline dates and notifications automatically.
For General Contractors: Know exactly when your retainage will be released. Upload final punch list completions, warranty documentation, and unconditional lien waivers through the PayKeeper portal. Receive payment immediately when conditions are satisfied, without waiting for owner payment processing cycles.
For Subcontractors: Track your earned but unpaid retainage balances in real-time. Receive partial retainage releases as your scope achieves substantial completion, even if the overall project is ongoing. PayKeeper ensures your retainage isn’t caught up in disputes between the owner and general contractor.
For Lenders: Monitor retainage balances as part of your construction loan administration. Ensure retainage is properly withheld to protect against mechanic’s liens and that final releases only occur after lien periods expire and warranty obligations are satisfied.
Key Features:
- Automated retainage calculation as percentage of each progress payment
- Tiered retainage release schedules (substantial completion, final completion, warranty period)
- Lien waiver collection portal and conditional release tracking
- Statutory lien deadline tracking by jurisdiction
- Punch list management and completion verification
- Warranty period tracking and final release automation
- Subcontractor-specific retainage accounts and release schedules
- Integration with construction accounting systems
- Mechanic’s lien search and clearance documentation
- Payment bond coordination and joint check administration
Tailored Escrow Solutions for Complex Scenarios
Environmental Remediation Reserves: Administer Phase II environmental cleanup obligations with milestone-based fund releases tied to regulatory approvals and third-party environmental consultant certifications. Track remaining reserve balances and provide lender transparency.
Operating Deficit and Debt Service Reserves: Manage lender-required operating reserves with automated monthly sweeps, deficit funding triggers, and quarterly reporting. Integrate with your loan servicing platform for seamless cash management.
Zoning and Entitlement Contingency Deposits: Structure milestone payments contingent on zoning approvals, variance grants, or development agreement execution. Protect buyer deposits while ensuring seller cooperation with approval processes.
Historic Tax Credit Equity Escrow: Coordinate complex LIHTC and historic tax credit equity closings with multiple funding tranches, investor conditions precedent, and regulatory compliance requirements.
Key Features:
- Custom escrow structures tailored to deal-specific requirements
- Regulatory compliance for specialized transaction types
- Multi-party approval workflows with flexible signing requirements
- Integration with specialized transaction software and platforms
- White-label portals for broker-dealers and intermediaries
- Cross-border transaction coordination and currency management
- Compliance with state-specific escrow and licensing requirements
- Institutional-grade reporting for auditors and regulators
Frequently Asked Questions
How does PayKeeper ensure funds are secure and protected?
Commercial real estate escrow requires bank-grade security and regulatory compliance. PayKeeper holds all funds in segregated accounts at top-tier financial institutions. Every account is individually reconciled, and funds are never commingled between clients.
We maintain SOC 2 Type II certification, demonstrating our commitment to data security and operational controls. Your transaction data is encrypted in transit and at rest, with role-based access controls ensuring only authorized parties can view sensitive information.
PayKeeper is licensed and regulated as an escrow agent in applicable jurisdictions, with appropriate bonding and errors and omissions insurance. We follow strict anti-money laundering (AML) and know-your-customer (KYC) protocols to protect against fraud.
What makes PayKeeper different from traditional title company escrow?
Title companies excel at purchase and sale closings but often lack the infrastructure for complex holdbacks, construction draws, and multi-party approval workflows. PayKeeper’s platform is purpose-built for ongoing escrow administration, not just single-event closings.
Key differences include:
- Technology-First: Real-time dashboards, automated workflows, and API integration
- Flexibility: Custom release conditions beyond simple binary closings
- Transparency: All parties have portal access to track fund status 24/7
- Scalability: Manage hundreds of escrows through a single interface
- Specialization: Deep expertise in construction, holdbacks, and commercial transactions
PayKeeper works alongside your title company and closing attorney, not as a replacement. We handle the ongoing fund administration while they handle the closing and title work.
How quickly can funds be released once conditions are satisfied?
Speed matters in commercial real estate. Once release conditions are satisfied and proper documentation is uploaded, PayKeeper can initiate same-day wire transfers for urgent disbursements.
Standard release timeline:
- Automated releases: Same business day if conditions met by 2 PM ET
- Manual approval releases: Within 4 business hours of final approval
- Wire transfers: Same-day wires available until 2 PM ET
- ACH transfers: 1-2 business days
For time-sensitive transactions, we offer expedited release services with dedicated account management and after-hours availability.
Can PayKeeper handle multiple properties or a portfolio of transactions?
Absolutely. PayKeeper’s platform is built for scale. Whether you’re managing a single $100M asset sale or 200 simultaneous construction projects, our system provides:
- Consolidated dashboard showing all transactions across your portfolio
- Bulk upload capabilities for similar transaction structures
- Custom reporting aggregating data across properties or transaction types
- Role-based permissions allowing different team members appropriate access levels
- API integration for synchronization with your transaction management systems
Our technology is built to serve institutional investors, developers, and lenders managing complex portfolios requiring centralized visibility with property-level detail.
What transaction sizes does PayKeeper handle?
PayKeeper serves commercial real estate transactions of all sizes, from $50,000 earnest money deposits to $500M+ construction projects. Our pricing scales with transaction complexity and duration, not just dollar amounts.
Our technology can serve:
- Individual property owners and small developers
- Regional real estate investment firms
- Institutional investors and REITs
- National construction companies and general contractors
- Private equity funds and opportunity zone investors
- Commercial banks and CMBS lenders
Whether you have a single transaction or ongoing portfolio needs, PayKeeper delivers enterprise-grade escrow infrastructure with pricing appropriate to your deal size.
How does PayKeeper integrate with our existing systems?
PayKeeper offers flexible integration options to fit your existing technology stack:
API Integration: RESTful API for real-time data synchronization with transaction management, accounting, and loan servicing platforms. Common integrations include Yardi, MRI, Salesforce, and custom internal systems.
SFTP/File Transfer: Automated batch uploads and downloads for bulk transaction data, suitable for nightly reconciliation and reporting.
Portal Access: Web-based interface requiring no integration—simply invite parties via email and they access their transactions through secure login.
Our implementation team works with your IT staff to ensure seamless integration with appropriate testing and validation before going live.
What documentation and reporting does PayKeeper provide?
Comprehensive documentation and audit-ready reporting are core to PayKeeper’s value proposition:
Transaction-Level Reporting:
- Real-time escrow balance statements
- Detailed transaction ledgers with all deposits and withdrawals
- Approval workflow audit trails with timestamps and user attribution
- Document upload tracking and version control
Portfolio-Level Reporting:
- Consolidated balance sheets across all active escrows
- Cash flow forecasting and scheduled release calendars
- Variance reports comparing budgeted vs. actual disbursements
- Custom reports filtered by property, transaction type, or date range
Tax and Compliance Documentation:
- IRS Form 1099 preparation for interest-bearing accounts
- Year-end tax statements for all parties
- Audit-ready transaction histories exportable to Excel or PDF
- Chain-of-custody documentation for funds
All reports are accessible 24/7 through the PayKeeper portal, with scheduled email delivery available for regular reporting needs.
How are disputes or disagreements between parties handled?
Commercial real estate disputes are inevitable, but PayKeeper’s platform helps minimize them through transparency and clear documentation. When disputes do arise:
Prevention Through Clarity:
- Release conditions are documented in writing at escrow opening
- All parties receive automated notifications when conditions are met
- Dispute potential is identified early through deadline tracking
Dispute Resolution Process:
- Documentation Portal: Disputing parties upload supporting evidence and legal positions
- Neutral Communication: PayKeeper facilitates information exchange without taking positions
- Joint Instruction Requirement: Funds are only released with written agreement from all parties
- Interpleader Protection: For irreconcilable disputes, PayKeeper can file interpleader actions to let courts decide, protecting all parties from liability
PayKeeper never makes unilateral determinations about disputed funds. We follow the original escrow instructions or subsequent written agreements signed by all parties.
What industries and transaction types does PayKeeper serve beyond those listed?
While this page focuses on common commercial real estate scenarios, PayKeeper’s flexible platform serves virtually any situation requiring neutral fund administration:
- Medical office building development and physician tenant improvements
- Self-storage facility construction and expansion projects
- Data center build-outs and power infrastructure upgrades
- Industrial and warehouse construction and sale-leaseback transactions
- Mixed-use development with residential and commercial components
- Hospitality construction and franchise escrow requirements
- Senior housing and assisted living facility development
- Opportunity Zone investment fund administration
- Non-performing loan workout and deed-in-lieu negotiations
If your transaction requires secure fund holding, milestone-based releases, or multi-party coordination, PayKeeper can structure an escrow solution to meet your needs.
How do we get started with PayKeeper?
Getting started is straightforward:
- Consultation: Contact our team to discuss your specific transaction requirements. We’ll recommend an appropriate escrow structure and provide transparent pricing.
- Documentation: We prepare the escrow agreement and opening instructions, working with your attorney to ensure alignment with your purchase agreement, construction contract, or settlement terms.
- Account Setup: We establish your escrow account, configure approval workflows, and invite transaction parties to the portal.
- Fund Deposit: You wire funds to the designated PayKeeper escrow account, and all parties receive immediate confirmation.
- Ongoing Administration: Track your transaction through the portal, upload documents, submit release requests, and receive automated notifications as milestones are achieved.
Most escrows can be opened within 48-72 hours of initial contact. For urgent transactions, we offer expedited setup with dedicated account management.
Ready to streamline your next commercial real estate transaction?
Contact PayKeeper today to discuss how our escrow solutions can add security, transparency, and efficiency to your deals.
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