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Earnest Money Deposit
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LookingInSD
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Registered: 04-08-2009


LookingInSD

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Okay, so I understand that I submit a check or copy of a check to serve as my Earnest Money Deposit at the time I submit my initial offer.  At what point does that EMD become a "cashable" check?  In other words, if my offer is not accepted, and there is a counter-offer.  I'm not obligated to counter the counter.  I get my check back, right?

 

On the other hand, if my offer is accepted, am I obligated to enter into escrow?  What if, between the time I submit my offer and the time the seller gets back to me, I see something else I want and decide to back out?

 

The bottom line of my question: at what point in the process do I forfeit my EMD?

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Kudos!
05-30-2009 06:11 PM

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Re: Earnest Money Deposit
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Creech
Redfin Lead Agent
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Registered: 02-19-2008


Creech

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Hello, 

Your earnest money deposit becomes “cashable” once the buyer and seller have reached mutual acceptance and escrow is opened.  If within the Buyers contingency period (typically the first 17 days of escrow), a Buyer gives written notice of cancellation, Buyer and Seller agree to sign mutual instructions to cancel the sale and escrow and release the Buyer’s deposit, less any fees incurred by the Buyer. If the Buyer decided to cancel after the Buyer removed contingencies in writing, this is when your deposit may not be returned. 

 
 

Angela Creech | Redfin Lead Agent
See all my deals & reviews
Kudos!
05-31-2009 05:03 PM
 

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Re: Earnest Money Deposit
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stillnotsure
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stillnotsure

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What happens in the case of a short sale offer where the buyer is waiting for approval from the lender?  Now day, that takes months.  Can you rescind the offer and get back your EMD? There is no escrow yet, correct? 

 

Also, what is the legal minimum EMD required? 

 

Sorry to tag onto your original question LookinginSD...but I was wondering about deposits myself.

 

Thanks

 

 

 

 

Kudos!
05-31-2009 07:56 PM
 

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Re: Earnest Money Deposit
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Creech
Redfin Lead Agent
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Registered: 02-19-2008


Creech

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If you have an offer in on a short sale, you can write your offer to state that your deposit check shall be held uncashed until the day after the Seller provides written short sale lender approval.  This is when you enter into escrow with the Seller. 
The recommended deposit amount is 1-3% of your purchase price but it is negotiable.  I have experienced that in LA County, Sellers usually ask for 3%.  In San Diego and Orange County it will range from 1-3%.   
 Hope this helps.
 

Angela Creech | Redfin Lead Agent
See all my deals & reviews
Kudos!
05-31-2009 08:42 PM
 

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Re: Earnest Money Deposit
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Joz
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Joz

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I've seen short sale contracts that the buyer only make the earnest deposit *after* the bank approval.  There is really no contract before the lender gives nod.  The buyer can walk anytime prior to that.
Kudos!
06-04-2009 12:13 PM
 

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