Earnest Money Deposit in an Offer to Purchase
Real Estate
After you have come up with an offer price, the next step
is to determine how large a deposit you want to make with
your offer. You want the "earnest money deposit"
to be large enough to show the seller you are serious, but
not so large you are placing significant funds at risk.
One recommendation is to make sure your deposit is less
than two percent of your offered price. The reason for this
is that if your deposit is larger than that, the lender
will pay particular attention to how you came up with the
funds. You might have to provide a copy of a canceled check
along with a bank statement showing you had the money to
begin with. Normally, this is not a problem, but if you
have a short escrow period or are barely coming up with
your down payment, it could pose an inconvenience.
Another reason to limit your deposit is "just in case."
Although significant problems are the exception and not
the rule, they do occur. "Just in case" there
is a nasty or prolonged dispute between you and the seller,
the less money you have tied up in a deposit, the fewer
funds you have placed at risk.
As with practically everything in real estate, there are
exceptions to this rule, too. During a hot market there
may be multiple offers on the property that interests you.
A large deposit may impress a seller enough so they will
accept your offer instead of someone else’s, even when your
unknown competitor is offering the same price or slightly
higher.
Since large deposits do impress sellers, you may also find
that by making a large deposit you can convince the seller
to accept a lower offer. More money up front may save you
money later.
The Closing Date in an Offer to Purchase Real Estate
It is absolutely essential that you include a closing date
as part of your offer. This way both you and the seller
can make plans for moving, and the seller can make plans
for buying his or her next home. Though most transactions
actually do close on the right date, do not be so inflexible
that a delay creates insurmountable problems.
For example, if you are renting and need to give the landlord
notice that you are moving out, you may want to allow a
little flexibility. Otherwise, if your purchase closes a
few days late you could find yourself staying in a motel
with your belongings packed in a moving van somewhere while
you pay storage costs.
There are also times when closing can be delayed by weeks,
through no fault of your own. Have back-up plans prepared
for such a contingency.
Transfer of Possession in an Offer to Purchase
Real Estate
A transaction is considered "closed" once the
deeds have been recorded. Then you own the home. However,
it is not always possible for you to occupy it immediately.
This can happen for several reasons, but the most common
is that the seller may be purchasing a home, too. Usually,
their purchase is scheduled to close simultaneously with
your purchase of their home.
It is sort of like being at a red light when it turns green.
Although all the cars see the light change at the same time,
the guy at the back of the line doesn’t begin moving until
all the cars ahead of him have started.
As a result, it has become customary to allow the seller
up to a maximum of three days to turn over actual possession
and keys to the home. When transfer of possession actually
occurs should be clearly laid out in your offer to prevent
confusion later.
© copyright RealEstate ABC