← Exit glossary

Escrow (retention holdback)

Also known as Holdback, Retention, Escrow account, Indemnity escrow, Retention holdback

Escrow, also called a retention or holdback, is a portion of a business's sale price that is held back at completion rather than paid to the seller straight away, usually placed with a neutral third party such as a bank or law firm (and sometimes simply retained by the buyer). It is released to the seller after an agreed period, often once specified conditions are met and no valid claims have arisen against the warranties or risks the parties agreed it should cover.

Why it matters at exit

An escrow commonly ties up something like 10% to 20% of the headline price for roughly one to two years, so the figure a buyer announces is not the cash that reaches your bank on the day you sign. The buyer uses it as protection: if a warranty you gave turns out to be untrue, or a disputed tax bill or customer claim surfaces after completion, they recover the money from the retained amount instead of pursuing you separately. The cleaner your business looks during due diligence, with audited numbers, documented contracts and no unresolved disputes, the stronger your case for a smaller holdback, a shorter period, or none at all. Putting your financial and legal housekeeping in order years before a sale is what earns you that negotiating room.

Relates to the Mill Financial Clarity →

Frequently asked questions

How much of the sale price usually goes into escrow, and for how long?
There is no fixed rule, and it varies by deal and jurisdiction. In owner-managed sales it is often somewhere around 10% to 20% of the price, held for roughly 12 to 24 months. The exact figure depends on how risky the buyer judges the business to be, the quality of your records, and how the warranties are negotiated.
Do I get the escrow money back at the end?
In most cases, yes. The retained amount is released to you once the escrow period ends and no valid claim has been made. You only lose part of it if a covered problem is proven, for example a breached warranty or an undisclosed liability, and the sale agreement sets out how any dispute over a claim is decided.

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