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Forums » Make Deals, Find Partners, Mentors & BirdDogs, etc. » seller wants earnest money at the last minute, is there a law against that or something? lol

seller wants earnest money at the last minute, is there a law against that or something? lol Subscribe to seller wants earnest money at the last minute, is there a law against that or something? lol

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Real Estate Investor · Memphis, Tennessee


I jump thru hoops of fire to get the financing in place for a commercial. Im about to submit the contract and he suddenly wants earnest money. seriously isnt that a bait and switch or something lol?


Real Estate Investor · Baltimore, Maryland


Julian,

If I understand your post and it isn't a joke...

You had a verbal offer on a commerical property, based on this verbal agreement you were able to line up financing, and now it is time to execute a contract... and the seller wants an earnest money deposit.

Did I get this correct?

If so, I have to ask if this is your first negotiation... as the amount of the earnest money would always be included in these discussions.

What the seller is doing is ensuring that you are serious and that you will work hard to get the deal to closing.

If you haven't negotiated a due diligence periond into the contract... this would be a good time to go the seller and say... "yes... there should be an earnest deposit, but I will need a 30, 60 or 90 day due diligence period. Then negotiate the length of the due diligence to trade off the amount of the earnest deposit.

Good Luck... and let us know how it goes.


Real Estate Investor · Memphis, Tennessee


thanks for responding, Peter.
yes this is my first commercial deal. After I submitted a Letter of Intent, the seller called me directly. I guess he wanted to confirm the points of my LOI. He at first said "if u can get proof of funds, I will sign the contract" I respond " that is not a problem" plus I told him that I would like to close quick. But I think I stayed on the phone a little too long. All of the sudden earnest money comes up. And the deal grinded to a halt.
Excellent suggestion Peter. I will let u know how it turns out.


Rehabber · Santa Clarita, California


Julian, are we to assume you don't have earnest money? How did you get 100% commercial financing? If you didn't, where is teh cash to close coming from?
Why not give the EMD?

Small_barnardenterprisesWill Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com


Wholesaler · Memphis, Tennessee


Julian,

If you are not able to afford the earnest money then maybe you need to re-evaluate if you should even be investing. Any real seller is going to ask for EM and any real buyer will have not problem giving it.

Small_buymemphisnow_stacksCurt Davis, buyMemphisnow.com
E-Mail: crtdavis@gmail.com
Telephone: 901-881-0552
Website: http://www.buymemphisnow.com
Full Service Real Estate Investing in Memphis TN


Real Estate Investor · Memphis, Tennessee


thanks for responding Will. Will, when I said commercial, I didnt mean commercial financing from a commercial source. Its money from a private investor. I apologize, that was misleading.
Curt thank u also for responding and thanks for the add.
I'm trying to acquire a commercial multifamily. Me being a newbie the earnest money is staggering 600k for a 12mm property. How did I get the money? gave up an equity stake. plus the property is making good money. I dont have the earnest money because Ive been laid off for 3 months. My back is against the wall right now. You guys are right, I should give it up. I appreciate your honesty guys.




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