The escrow period should be long enough for consular processing, which varies by post, plus time to assemble the source-of-funds and business-plan file before the interview is booked. Build a realistic outside date into the agreement.
Set the closing date after the visa, not before it
Hypothetical example: The sequence matters. Dwayne signs the purchase agreement, funds escrow, then submits the E-2 application and books the interview. The seller will want a closing date; it should be tied to visa issuance plus a short period, with an outside date that allows for consular scheduling and a possible request for further documents. Interview availability differs from post to post and by season, and the Department of State publishes wait times for each. Before the interview he needs the complete file: escrow confirmation, purchase agreement, source-of-funds chain, the target's financial statements and payroll, and a business plan. If the seller refuses to wait, a shorter alternative is to close first and apply after, which puts the money genuinely at risk of loss on refusal; that is lawful but is a commercial decision Dwayne should make with eyes open. He should keep the Logan Lake shop operating until the visa is issued.
Hypothetical example: A Canadian cabinetmaker buys a custom-cabinet workshop whose seller wants a quick closing. The buyer should map escrow funding, document collection, application preparation, interview availability, and the contractual outside date. The contract identifies which funds face risk and at what point. If the seller refuses an immigration-related condition, closing first may create genuine commercial risk; keeping the deal open may instead risk losing the business. That is a commercial choice requiring clear written terms.