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Protect Your Deposit When Buying Real Estate

When you start the process of buying a Estate Agent and balance the need to
home or any type of real estate, you'll demonstrate your serious intent, against
no doubt hear the term "earnest money the good business practice of minimizing
deposit" (EMD). So what exactly is an the deposit amount.
EMD? The amount of the EMD is usually applied
An EMD becomes relevant when you are to reduce the purchase price of the
ready to make an offer on a property. In property or to cover closing costs, as
most states, your Real Estate Agent you dictate. For example, if you are
prepares the offer on your behalf. The purchasing a $300,000 property and you
offer usually takes the form of a written give an EMD of $3000, then the remaining
contract that is submitted to the seller balance owned at closing is $297,000
by way of their agent. (plus closing costs). Alternatively, you
In addition to the offer document, may direct that the EMD be applied toward
sellers typically expect an EMD. An EMD the closing costs.
is a monetary deposit submitted via check Once a valid contract for purchase is
to demonstrate to the seller that you are created, an independent third-party
a serious buyer. In some regions of the usually holds the EMD until the purchase
country, only a photocopy of the check is is either completed or cancelled. At this
submitted with the offer, and the point, the money belongs jointly to both
original check is delivered to the the seller and the buyer.
appropriate entity if the offer is In cases where you make an offer that is
accepted. Ask your Real Estate Agent to accepted but later decide to cancel the
clarify how deposits are handled in your offer, the terms specified in the
region of the country. contract (or state law) will dictate if,
The check is usually made out to an and under what circumstances, the EMD is
independent third- party such as a Title returned to you. Be aware that you could
Company, Escrow Company, Real Estate loose your deposit if you do not not
Attorney or your Real Estate Broker. Ask comply with the terms of your contract.
your Real Estate Agent to clarify who Your Real Estate Agent can provide you
will hold the EMD. information about how EMDs are dealt with
The amount of the EMD sellers expect if a contract is cancelled.
varies by region. The EMD amount is based Since state law varies by region and
on the customs and practices for a practices can differ even within the same
region, but is generally from 1% to 2% of state, be sure to consult your Real
the purchase price. In a competitive Estate agent about the rules that apply
market place where demand exceeds the to EMDs in your region of the country.
supply of homes, some buyers may offer a You should also be aware that the EMD is
higher EMD than expected to impress the not related to any down payment that you
seller of their intent. In determining make toward your home loan.
the amount of your EMD, consult your Real




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