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Generally, these funds are held in an escrow account managed by the buyer's real estate agent or the title company. The deposit is then applied to your closing costs or returned to you at closing. Earnest money funds are usually applied to a loan's closing costs or to the down payment.
Your Earnest Money Contract You'll typically use a third-party escrow agent such as the title company, to hold your earnest money deposit in an escrow account. ... If the inspection reveals problems that are unacceptable to the buyer, the buyer can walk away from the home with his earnest money in tow.
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.
An earnest money deposit says you're committed as a buyer. ... If you back out of the deal for reasons that have nothing to do with the home inspection or the appraisal, the seller can keep your money. On the other hand, if everything is moving along smoothly and the buyer decides to back out, you can get the deposit back.
When everything is signed and sealed, you'll be able to receive your home sale profits from the escrow or title company. Typically, you can receive the funds through a check or wire transfer. ... So if they're taking their funds via check, they can take it with them at the closing table, she says.
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.
In most cases, earnest money is delivered when the sales contract or purchase agreement is signed, but it can also be attached to the offer. Once deposited, the funds are typically held in an escrow account until closing, at which time the deposit is applied to the buyer's down payment and closing costs.
All earnest money checks should be cashed, because if the buyer fails to perform in accordance with the contract, that money will help compensate the seller for the time and expense of having the home off the market, he points out.
If the contract has been properly executed by all parties, there is still a binding contract even when the buyer hasn't deposited the earnest money. ... If the buyer does not pay the option fee within the required three days, the only consequence is that the buyer does not have the option to terminate.
Here's the short answer. In a slow real estate market, where the seller isn't getting very many offers, you might only have to pay $$5001,000 in earnest money. In a fast-moving market, where there is more demand for homes, you might have to make a bigger deposit, perhaps up to 2% or 3% of the offer amount.
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