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Earnest
money are funds you put up to show your intent to
buy the property. When you make an offer, you
can show the sellers a copy of your earnest
money check; once your offer is accepted, in
Texas the
check must be delivered and recorded by close of
the second business day and will be deposited into escrow.
Instructions
-
Decide how much money you want to put up
- typically between $500 and $5,000,
depending on purchase price. The less,
the better unless you are buying a very
hot property. If a seller has multiple
offers at very similar prices often they
will select the buyer who has the most
earnest money.
-
Determine how the money is to be paid:
by personal check, cashier's check,
money order (I would never pay with cash
the funds are harder to prove if there
are problems later.)
-
Identify who is to receive the money: a
title company or a broker's trust
account.
-
Stipulate the terms of the return of
your money if certain events don't
happen or results are unacceptable (such
as problems with inspections, reports or
documents).
-
Do
not actually hand over your earnest
money until your offer has been accepted
and signed.
Tips & Warnings
-
Once your offer has been accepted and
the contract signed, escrow should be
opened and the earnest money check
should be deposited. The money will
remain in escrow until the transaction
closes or is canceled.
-
Never make your check or money order
payable directly to the seller.
-
If
the deal falls through and you want to
get your money back, the buyer and the
seller must instruct the escrow company
in writing to cancel the transaction and
release the funds (deposit) to the
buyer.
-
If
the seller refuses to release your
deposit, check your contract and make
sure you have the right to get your
money back. You may have to contact an
attorney to help you.
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