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Wholesaling

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Jay Ben
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Minimum earnest deposit I can legally put up?

Jay Ben
Posted Oct 8 2022, 09:55

Hi BP fam! I have a deal in Pensacola FL and I'd like to wholesale it and possibly put it on the MLS but I don't have much money so I was wondering if I could put up less than 1-3%. TIA

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Jim Pellerin
  • Real Estate Consultant
  • USA
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Jim Pellerin
  • Real Estate Consultant
  • USA
Replied Oct 8 2022, 11:05

It really depends how motivated the seller is. You just need to put in some money to make the contract legal. You could do $100 or even $10. Explain to the seller that your deposit is strictly to make the contract legal and in no way represents your lack of interest. 

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Doug Pretorius
  • Investor
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Doug Pretorius
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Replied Oct 8 2022, 11:22

@Jay Ben I do $1. You don't need to give them any money though. The contract requires "consideration" which can be anything of value.

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Dan Bowersock
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Dan Bowersock
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Replied Oct 8 2022, 11:33

what is the purchase price? 

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Tom Gimer
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Tom Gimer
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Replied Oct 9 2022, 06:21

Earnest money is not required to make a contract legal. That's a widely-held belief that happens to be false. So if you're short on funds and find a seller who accepts $1 or $100 to take their property off the market, good for you.

The reality is every seller should demand a sizable EMD held by a neutral third party and clear terms as to when and how it will be disbursed because that EMD is more than likely the only thing a seller is going to get when a buyer defaults.

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
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Replied Oct 9 2022, 08:07

@Jay Ben The local mls May, or may not, allow you place it in the mls if you don’t own it. 

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Jay Ben
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Jay Ben
Replied Oct 9 2022, 09:49
Quote from @Dan Bowersock:

what is the purchase price? 


 400k

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Jay Ben
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Jay Ben
Replied Oct 9 2022, 09:50
Quote from @Doug Pretorius:

@Jay Ben I do $1. You don't need to give them any money though. The contract requires "consideration" which can be anything of value.

Mind sharing a sample or your contract or maybe tips on how to get a similar contract? Thanks!

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Doug Pretorius
  • Investor
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Doug Pretorius
  • Investor
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Replied Oct 9 2022, 11:18
Quote from @Jay Ben:
Mind sharing a sample or your contract or maybe tips on how to get a similar contract? Thanks!
DEPOSIT: One Dollar ($1.00)

Contract sample: https://pdfliner.com/orea-form...

Consideration can also be a promise to do or not do something. Like: "As consideration for entering into this contract the Buyer agrees to pay the Seller's closing costs."

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Nick Belsky
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Nick Belsky
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Replied Oct 9 2022, 14:26

@Jay Ben

Most Realtors may tell you 1%.  I've worked with many investors who put ZERO earnest money in the contract.  Just depends on how you negotiate...  There is no right or wrong answer on this one.

Cheers!