Escrow agent

[mpaolini]

What is the name of your state? New York
I have a question regarding escrow accounts. We sold our house in New York State in March of this year. The septic did not pass inspection, so we established an escrow accout with 1 1/2 times the highest estimate to repair the septic. The issue is complicated because we had moved to Ohio 2 years ago, and used our company's relocation company to sell the house. In essence, we closed with the relocation company and they turned around and closed with the buyers in order to save us time. At the time of closing we were required to get two estimates to repair the septic, to be used to establish the amount. We did so. We were explicitely told by our relocation specialist that we would retain control over the monies in the account and how they would be spent. We have a time limit to complete the repairs of June 30th. To make a long story short, our reocation company and our NY attorney signed an escrow agreement listing the buyer's attorney as the escrow agent, giving the buyer control over the monies in the account. We found this out when we attempted to contract with a septic company to start the repair. The buyer has contracted with the highest bidder (a difference of $2,350) and is dragging her heels in order to get close to the time limit.
My question is - who is normally given the job of escrow agent at closing. Our attorney claims that the buyer's attorney is the norm. This seems very wrong to me, since that allows them control over the seller's monies. That is like having the fox watch the hen house. Is this indeed normal in New York State?
Thanks
Mary