In Cal if the buyers real or receives the deposit check they must set up a trust fund. Trust funds are audited by the state every year.
We have the buyer give or mail the cheek directly to the escrow company. Most escrow companies will not open escrow until they have the check in hand.
Are you in the east or do you just always use an attorney?
I know the original colonies use attorneys and not escrow companies.
House was sold in SC, so yeah - attorney was the escrow agent.