Earnest Money Deposit (EMD)

What happens to earnest money if the seller pays closing costs?

Most of the time it goes towards the down payment.

If both the closing costs and down payment are covered, the buyer gets a check back.

Are closing costs and down payment the same? No, but many consider the money you put down as part of the closing costs.

Other costs include fees to your lawyer, the title company, etc.

What happens to earnest money if the buyer backs out? It depends on the situation.

It may go to the buyer if he has good reason, or it may go to the seller if the buyer just walks away.

It could end up in court if there is a dispute about how the deal gets cancelled.

Can you get your down payment back on a house? Not directly.

The only way to recover this money is if you build up equity in your home.

Option money vs Earnest money. The first is a small payment to facilitate due diligence inspections.

The latter is more substantial and shows the buyer’s commitment to the deal.

Does cash to close include down payment? Yes, it does.

It also includes your closing costs. Therefore, this sum can be large.

Your earnest money deposit helps offset this.

How can you pay earnest money without a check? You can wire the money from your bank or use an online tool.

Whichever way you pay your EMD make sure you generate a paper trail that shows how much and when you paid.

What happens if the buyer does not deposit earnest money? They breach the contract.

The seller may terminate the contract and find a new buyer.

What does earnest money go towards? It becomes part of your cash for closing.

This includes the closing costs and the down payment. Therefore, EMD can be put to either of these.

When is earnest money due? As soon after the contract is executed as possible.

Most of the time the deadline is three business days after both the buyer and seller sign the contract.