The FREC will not issue an EDO if the funds are held in an attorney's escrow account or are being held by a title company. An EDO procedure is only available if the funds are held in a brokerage escrow account.
If the broker is informed in writing that the Commission will not issue an EDO, the broker must utilize one of the other settlement procedures. In such an instance, the broker must notify the Commission which settlement procedure will be used.
If the broker promptly employs one of the four settlement procedures and abides by the resulting order or judgment, a complaint may not be filed against the broker for failure to account for or deliver escrowed property (the broker has immunity from disciplinary action).