CJC Realty Group

Earnest Money

Earnest Money

Earnest Money

Are Earnest Money Deposits Required?

Are Earnest Money Deposits Required?: Earnest Money

While an earnest money deposit is not mandatory when submitting an offer on a home, it is highly recommended, especially in competitive real estate markets. A good faith deposit shows the seller that you’re serious about the offer and increases the likelihood of your offer being taken seriously.

 you’re unable to provide an upfront earnest money deposit, be transparent with the seller and your real estate agent. If your financing and offer are strong, the seller may still consider moving forward. If necessary, you can ask a friend or family member for assistance in the form of a gift or loan. However, avoid using a loan or credit card advance for this deposit, as it could negatively impact your mortgage approval. The purpose of the earnest money deposit is to secure the property, not jeopardize the purchase.

How Much Earnest Money Is Enough?

The amount of earnest money depends on the market. In slower markets, a smaller deposit may work, but competitive markets may require more. Earnest money usually ranges from 1% to 3% of the sale price but could be higher in seller’s markets. Your real estate agent can provide guidance on the appropriate earnest money deposit for your specific situation.

How Does Work?

Your purchase agreement will outline how the earn money is handled, but your deposit is typically paid to the escrow or title company, which is held until the
transaction closes. You can pay via personal check, cashier’s check, money order or wired funds, depending on the terms of your contract. Once deposite, the listing will be flagged as pending,
in effect removing the property from the active market. Following will be various inspections, appraisals, and any other contingencies outlined in your contract to move forward in finalizing the
sale.

Who Keeps the Earnest Money?

Who Keeps the Earnest Money?

Buying a home is one of the largest financial decisions you’ll make, so it’s crucial to protect your investment throughout the process. Always put everything in writing, including any changes to timelines and buyer/seller responsibilities. Make sure your agent thoroughly explains the purchase contract before you sign, so you fully understand under what circumstances you could keep or forfeit the earnest money. If the process goes smoothly, the earnest money will be returned to you at closing and can be applied toward your down payment or closing costs. However, things don’t always go as planned.

Forfeited to the Seller

 If you break the terms of the purchase agreement, you may forfeit your earnest money to the seller.Missing key deadlines, like inspection or mortgage approval, may allow the seller to cancel the deal and keep your deposit. Backing out for reasons not covered by contingencies or deciding not to buy also lets the seller keep the money. In competitive markets, non-refundable deposits mean the seller keeps the money if the deal falls through. Understand the risks and avoid offering more than you can afford to lose.

Refundable to the Buyer

As a buyer, there are situations where you can get your earnest money back. The title company discovers a lien on the property, you’re entitled to a refund. Similarly, if contingencies are included in the contract and not met, you can walk away and reclaim your deposit. For instance, if the seller fails to make necessary repairs or doesn’t meet other contractual obligations, this breach allows you to cancel the deal and get your money back. Key contingencies to consider in your agreement include:

Mortgage Contingency: If you’re unable to secure financing, this contingency allows you to get your deposit back.

Appraisal Contingency: If the home appraises below the sale price, you can cancel the contract and get a refund or negotiate a lower price.
Home Inspection Contingency: Significant issues found during inspection let you back out or negotiate repairs or a price reduction.
Sale of Existing Home Contingency: If you can’t sell your current home within the agreed timeframe, you can withdraw and get your deposit back.

Earnest money may be an unexpected upfront cost, but it’s crucial for securing a home. Understanding its role and protection helps you plan and buy with confidence.

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