Your Earnest Money and Contingencies
Many home buyers know that they need to have some money to put down on a home but don’t seem to be sure how it factors in to that equation. To help you understand how it will be used in your transaction, in all probability, I have answered a number of the foremost commonly asked questions I’ve received from buyers.
Is it immediately cashed?
That actually depends on the contract and the directions it gives for a way your earnest cash is to be handled. Ideally your real estate broker should cash your earnest cash check immediately to make sure the interest of all parties is treated fairly. Some states permit a buyers broker to hold the check until the deal is accepted. This offers the clients a few additional days to iron out the source of the earnest money if they do not have that taken care of already.
What happens to it if I do not purchase a house?
This all depends on how so far along you are within the transaction. If all of the contingencies are satisfied and you decide you do not want to buy the house, then you ought to forfeit it. However, if you’re in the inspection stage or at any different point of contingency within the transaction and, for what ever reason, you choose not to buy the home, you ought to expect it to be released back to you.
Does my it go toward my down payment on my house?
You can have it go toward any fees in the transaction, as well as closing costs or a down payment on your principle. Normally it goes toward a partial payment of your buyers agent fees, if your broker holds your earnest money check, in most states. Currently, if the transaction falls apart, parts of that earnest money may go to the seller, the sellers broker or your real estate broker, and you may see none of it.
Is there any way I can get it back?
Yes, you’ll have it refunded to you at the closing. You can also opt to have it pay other specific or general fee in the transaction.
Can it be used to pay other fees?
Most sensible real estate brokers can collect your earnest cash right up front and may even insist it considered a “retainer” if you choose not to buy a house after they spend a specified amount of time with you. You’ll be asked to put down your earnest money before you even see one home. This money is used for earnest cash if you close up on a home, but might even be used as a retainer fee for the broker or the real estate agent, if you choose not to get a home when taking their time. Either way, your earnest cash serves its purpose of paying for your home purchase or paying for your real estate services.
Keep in mind that a number of these laws and laws that govern real estate transactions in general do modify state by state, thus make sure to seek advice from a real estate professional to determine specifically what happens in your state together with your earnest money.
Another great article by Markham real Estate
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