The financial institution
The rider identifies the institution where the escrow agent will maintain the interest-bearing account. The selected escrow agent must be willing and able to provide this type of account.
Florida Contract Addendum J allows the parties to place the buyer’s escrow deposit into an interest-bearing account—but only when the financial institution, interest recipient, and applicable service charge are clearly identified.
Addendum J instructs the escrow agent to hold the contract deposits in an interest-bearing escrow account. It identifies the bank or financial institution, states who receives the interest at closing, and allows the parties to specify a service charge that may be deducted from the interest before it is disbursed.
Addendum J is short, but its blank spaces are important. The parties should understand exactly what is being selected before they initial and incorporate the rider into the contract.
The rider identifies the institution where the escrow agent will maintain the interest-bearing account. The selected escrow agent must be willing and able to provide this type of account.
The parties specify who receives the accrued interest at closing. That recipient should be written clearly rather than left to an assumption between the buyer and seller.
Interest begins only after the financial institution receives and credits the deposit. It ends when the escrow agent is notified of the scheduled closing and transfers the funds.
The rider includes a blank for the escrow agent’s service charge. That charge is deducted from the interest earned—not automatically from the underlying escrow deposit.
For a typical residential closing with a modest deposit and short contract period, the potential interest may be limited. The rider may receive more consideration when the deposit is unusually large or the closing period is unusually long.
Imagine a buyer places a substantial deposit into escrow for a transaction scheduled to close several months later. The parties agree to use Addendum J and direct that the deposit be maintained in an interest-bearing account.
This example explains the structure of the rider. It is not an estimate or promise of a particular interest rate or return.
Addendum J establishes how the deposit is held and how earned interest is distributed. The amount ultimately earned depends on the institution, the applicable rate, the length of time the funds remain credited, and any authorized service charge.
The rider states that interest accrues only after the institution receives and credits the deposit. Delivering funds to another person does not necessarily mean the account has begun earning.
The contract deposit remains subject to the contract’s escrow and deposit provisions. Addendum J addresses the separate interest earned while those funds are held.
A closing or escrow agent may require additional documentation, account-opening information, or processing time before funds can be placed into an interest-bearing account.
Leaving the institution, interest recipient, or service-charge provisions unclear can create uncertainty. Questions about legal rights or tax treatment should be directed to the appropriate attorney or tax professional.
Not necessarily. Addendum J is used when the parties want the contract deposits maintained in an interest-bearing account and want those instructions incorporated into the contract.
Addendum J contains a blank where the parties identify the person or party who will receive the accrued interest at closing.
The rider provides a space for an agreed service charge. It authorizes the escrow agent to deduct that stated charge from the earned interest before disbursing the funds.
Under the rider, interest begins when the financial institution receives and credits the deposit—not necessarily when the buyer first delivers the funds.
No. The rider provides instructions for an interest-bearing account, but it does not guarantee a rate, a minimum return, or a specific amount of earnings.
No. It is a specialized rider. Its practical benefit may depend on the size of the deposit, the length of the contract period, the available interest rate, account requirements, and any service charge.
DW&Co. helps Central Florida buyers and sellers understand the practical purpose of the contract provisions used in their transaction and coordinate questions with the appropriate closing, legal, lending, or tax professionals.
Connect With DW&Co.This page is provided for general educational purposes and is not legal, tax, accounting, or financial advice. Contract terms and transaction circumstances vary. Buyers and sellers should consult a qualified Florida real estate attorney, tax professional, and the selected escrow or closing agent regarding their specific transaction.