Tuesday, 13 December 2011

What's An Earnest Money Deposit For?

By Jack Adams


The earnest money deposit is what you call a deposit that you present when you make an offer to get a property. This earnest money deposit is meant to impress the seller with the perception that the purchaser is highly "earnest" in his commitment to purchase.

The amount of the deposit depends on a number of factors. When a property produces much interest from potential buyers, the buyer usually comes up with a larger deposit than normal to encourage the seller that his offer is in reality superior to any others. Hot markets feature deposits that are larger than those offered in slow markets.

During normal market times, buyers should hesitate when it comes to coming up with a deposit that's higher than 2 % of the cost of purchase. The rules for underwriting, occasionally demand strict documentation of earnest money deposits. The consumer could be made to present a bank statement that is prior in date to the date of the earnest money deposit. Another requirement frequently requested is actual proof of the check clearing its bank. This might even require a visit to the teller window of the bank.

Good reasons exist as to why you should keep the deposit as little as possible. Nevertheless you must make sure that it isn't tiny enough the seller will be lured not to have a look at it as serious.

After the purchaser and the seller start agreeing on the terms, the earnest money deposit is usually put into a so-called trust account. At that stage, it isn't the money of the purchaser any longer; it is both the money of the purchaser and also the seller.

When the deal is closed, the cash from the earnest money deposit is applied to both the closing costs as well as the purchaser's deposit. Still, there could be exceptions to this rule, too.

Some sellers accept that when a deal fails, what happens to the earnest money is that it gets forfeited. Others accept that when asserted deal fails to close, they instantly get their money. Both these sentiments are wrong.

Even if the fault of the deal's failing to close rests on the buyer, the seller isn't permitted to get the deposit as his means of retaliating to the purchaser. Even if the buyer isn't responsible, he does not immediately get the total deposit back.

The best piece of advice is always to come to an understanding. The money will be tied up for some time in a neglecting to agree, and that might even turn into a legal mess. That is the reason why it's judicious to agree.




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