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When Should a Real Estate Broker Release Earnest Money

Earnest money represents a good faith deposit by a homebuyer to sign a purchase agreement letter. An earnest money deposit shows a buyer's level of seriousness in purchasing the home from the seller.

Earnest money deposits are relatively common in competitive markets, especially when a seller has concerns that a buyer may make multiple offerꦏs on other properties.

The real estate agent places the eꦏarnest money in an escrow account and cannot release it until both parties provide written pe♌rmission.

However, the 澳洲幸运5开奖号码历史查询:real estate agent or broker may return🃏 the earnest money, depending on the circumstances, such as if the home sale falls through because of a fail💦ed home inspection or a low appraisal.

Key Takeaways

  • Earnest money represents a good faith deposit made by a homebuyer, showing the buyer's level of seriousness in purchasing the home from the seller.
  • Earnest money goes into an escrow account, usually held by the real estate broker or the title company. 
  • If the home sale falls through because the house fails to pass a home inspection, the earnest deposit may get returned to the buyer.
  • If the home sale goes through, the earnest money often gets applied to the closing costs or purchase price.

Earnest Money Deposits

Earnest money represents a deposit made by a homebuyer indicating the intent to 澳洲幸运5开奖号码历史查询:purchase the property from the seller. If the sale goes through, the earnest money gets applied to the purchase price, down payment, or 澳洲幸运5开奖号码历史查询:closing costs.

How Much Are Earnest Money Deposits

The rules that govern earnest money deposits in 澳洲幸运5开奖号码历史查询:real estate transactions vary from state to state, but an earnest money deposit can range from 1% to 10% of the home's 澳洲幸运5开奖号码历史查询:purchase price.

For example, if you buy a $400,000 home, you may pay $4,000 to $40,000 as an earnest money deposit to show the seller you intend to buy the property.

Paying Earnest Money

Although uncommon, you may buy a home without putting down earnest money, but t🅷he seller must waive the earnest money deposit.

Potential homebuyers are discouraged from giving earnest money in cash directly to a seller for multiple reasons, such as it may prove challenging to get your money back if the dea🌠l falls through.

Instead, the 澳洲幸运5开奖号码历史查询:real estate agent or broker acts as an 澳洲幸运5开奖号码历史查询:escrow agent in accepting the 澳洲幸运5开奖号码历史查询:earnest money deposit on the seller's behalf and placing the funds in an 澳洲幸运5开奖号码历史查询:escrow account.

Warning

Mortgage lending discrimination is illegal. 澳洲幸运5开奖号码历史查询:If you think you澳洲幸运5开奖号码历史查询:ve been discriminated against based on race, religion, sex, marital status, use of public assistance, national origin, disability, or age, there are steps you can take. One such step is to file a report, either to the  or the .

The Release of Earnest Money

Although few universal rules exist for handling earnest money, the rules should be outlined in the home's sales and purchase agreement. The agreement covers how to han🍃dle refunds and the parameters that determine whether the money gets returned.

The broker should seek a written release from both parties before releasing the earnest money deposit. If both parties claim the deposit, the broker should not release the funds until the two sides have come to terms or until a court order decides who gets the funds.

When Earnest Money Gets Returned to the Buyer

  • The home appraisal value comes in lower than the purchase price agreed by the buyer, and the two parties cannot agree on a new price
  • A failed home inspection, whereby significant issues arise, and the seller refuses to lower the price or make repairs
  • If the buyer cannot sell their existing home
  • If the buyer cannot secure a mortgage loan or financing to buy the property

When Earnest Money Gets Forfeited

  • The buyer backs out of the purchase because they found another property
  • The buyer agreed that the earnest money deposit was nonrefundable
  • The buyer breaks a contractual agreement or deadline without a valid explanation

Important

Another reason to release earnest money is under instruction from a court order, which can occur if the deal🤪 turns contentious or u🍸nforeseen issues arise.

What Is the Difference Between Earnest Money and a Down Payment?

The down payment represents the amount a buyer puts down at the loan closing. Some mortgage lenders require a borrower to put down 10% tꦰo 20% of the purchase price as 🎀a down payment.

However, earnest m♛oney is optional and represents a deposit showing the seller the buyer plan⛎s on going through with the purchase. In return, the seller might take the property off the market.

How Much Do You Need to Pay in Earnest Money?

Although it can vary depending on how competitive the market is for a home, earnest money deposits can range from 1% to 10% of the purchase price.

Do I Get My Earnest Money Back if the Home Purchase Doesn't Close?

If the transaction doesn't close because the seller didn't fulfill their obligations, the buyer can usually get the earnest money deposit returned.

However, if the transaction fails to close due to the buyer's breach of contract, such as choosing another property and failing to go through with the purchase, the seller may not return the earnest money deposit.

The Bottom Line

Earnest money represents a deposit made by a homebuyer to show the seller they're serious about buying the home. Earnest money deposits are not mandatory but are fairly common in competitive markets.

The 澳洲幸运5开奖号码历史查询:real estate agent or broker who accepts the 澳洲幸运5开奖号码历史查询:earnest money deposit on the seller's behalf places the money in an escrow account. If the purchase goes through, the earnest money typically gets applied to the closing costs or purchase price.

Article Sources
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  1. Council of the District of Columbia. "."

  2. National Association of Realtors. "."

  3. Federal Trade Commission Consumer Advice. "."

  4. The North Carolina Real Estate Commission. "." Page 4.

  5. The North Carolina Real Estate Commission. "." Page 3.

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