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Who keeps the earnest money deposit?

The earnest money may be held by the seller's real estate broker, but the money may also be held in escrow by a third-party title company, lawyer, or bank. The purchase and sale contract specifies where the deposit is held.

Who gets earnest money if deal falls through?

Situations where a buyer who cancels the deal must forfeit the money put down to buy the home -- or not. In nearly every real estate purchase contract, the seller will require that the buyer deposit earnest money a sum of money that the buyer puts into trust during the transaction to demonstrate good faith.

Who gets the earnest money when the buyer backs out?

If the buyer backs out just due to a change of heart, the earnest money deposit will be transferred to the seller. You also need to watch the expiration date on contingencies, as it can impact the return of funds. Make sure to work with a reputable, experienced real estate agent when crafting your offer.

Will I lose earnest money if financing falls through?

If the seller does deny it, you must decide what risks you want to take regarding your earnest money and signing the purchase contract. You can get your earnest money back if your financing falls through, but only if you take the right precautions.

What happens if buyer does not deposit earnest money?

The earnest money is not consideration for the contract. However, if the buyer does not deposit the earnest money with the escrow agent within a reasonable time after contract execution, the buyer would be in default, and the seller could exercise her rights under a default provision.

How long does it take to get earnest money back?

The earnest money can be held in escrow during the contract period by a title company, lawyer, bank, or broker whatever is specified in the contract. Most U.S. jurisdictions require that when a buyer timely and properly drops out of a contract, the money be returned within a brief period of time, say, 48 hours.

Can a seller keep my earnest money?

If the buyer fails to do so, the seller may be able to keep the earnest money. If the buyer can't close for any reason, the contract is breached and the seller can keep the earnest money deposit.

Does seller keep earnest money if buyer backs out?

If the buyer backs out just due to a change of heart, the earnest money deposit will be transferred to the seller. You also need to watch the expiration date on contingencies, as it can impact the return of funds. A good contract with proper contingencies is essential in protecting your earnest money deposit.

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