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MONT-SAINT-HILAIRE · E-2 FIELD GUIDE

Which records show the deposit is at risk while closing is conditional?

Sources checked:

THE DIRECT ANSWER

The escrow agreement with its release conditions, the purchase agreement including schedules and amendments, proof of the transfer into escrow, and correspondence showing the consent request is genuinely pending. An account balance on its own does not establish that funds are committed rather than reversible on demand.

Trace the money and the terms together

Show where each dollar came from and how it moved: sale proceeds, business earnings, a documented gift, or borrowing. Loans are not prohibited, but collateral matters, and borrowing secured by the assets being purchased is treated differently from borrowing the investor personally secures. Pair that trail with the release terms, since the same deposit reads differently under a buyer-friendly walk-away clause than under a firm, non-refundable commitment.

Financial statements for several years, tax returns, the list of assets and contracts transferring, payroll records, leases and licences. Where the agreement is still being negotiated, say so plainly and bring the current draft rather than describing a plan nobody has signed. Create a transaction ledger beginning with the lawful origin of each deposit into the joint account and ending with every payment to the US enterprise or seller.

Put both leases into a single table showing monthly rent, remaining term, renewal option, and the cash actually committed to date.