Learning the trade, Earnest Money Deposit?

Learning the trade, Earnest Money Deposit?

Professional · Baltimore, MD · Member since 2010 · 79 posts · 47 votes

How does earnest money deposits works? As I was reading, I saw that when dealing with new buyers many wholesalers had made the buyers pay an earnest money deposit. Is this a recommended practice? Why? How much do I ask for when requiring a earnest money deposit?

The reason is that I'm looking to expand with dealing with notes as a broker into wholesaling real estate as my entry to being a real estate investor. I took Financexaminer's advice to read through key points in Wests Business Law Text book, and I feel as though have a better grasp on Laws and ethics.

Now to start, I have been researching the art of wholesale here in BiggerPockets, and boy was there alot to read and learn. I even expanded to outside resources such as the library and other internet resources to solidify information and get more perspective of wholesaling.

I feel I got a grasp on how the wholesaling process works in terms of finding buyers and the homes when dealing directly with the home owner. However, I don't feel comfortable interacting with realtors until I'm more experienced. I think I need to somehow make a script to study so my answers to those hard questions won't begin with "uhh" and end with "umm".

What I don't know are the little gaps in information, such as How do I pre-screen a buyer to see if he's good? or How do I introduce myself to a potential prospects?. Another question was how do I start wholesaling "virtually"?

I know I have a bad tendency of over explaining myself and I asking alot of questions, so to start somewhere basic, Could someone explain Earnest Money Deposits?
I mean, If you have the answers to my other questions then by all means I ask for the answers plus tips. I'm looking to absorb and retain any and all quality information, to learn everything I can to be successful.

0Reply
79 views

Most Popular Reply

J ScottPro Member
Moderator
Investor · Sarasota, FL · Member since 2008 · 18k+ posts · 17k+ votes
16y
Originally posted by Bryan Hancock:
I put $10 earnest money down on all of the distressed properties I buy. To my surprise I recently got a trumped up demand letter for a property I bought subject-to where the opposing attorney claimed $10 was not sufficient consideration.


Reading through my wife's real estate textbooks, it is made very clear that for a Purchase & Sale Agreement, the consideration is NOT the earnest money deposit.

Here is the exact text from the Georgia MLS Training Institute, which provides prelicense training for Georgia real estate agents:

"In a real estate contract, consideration is NOT the earnest money, but the exchange of the purchase price (or something else of value) for real property."

(Note the capitalization of the work "not" above was theirs, not mine)

Reading further through the text, it's clear that earnest money -- while a good idea -- is not required for either a valid or an enforceable real estate contract.
See this reply in the discussion

27 Replies

Jump to latestLatest
  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    16y

    If you have a valid contract and a seller backs out, file a notice of pending legal action and suit for specific performance. This locks up the property and a title company will not insure it until the action is resolved/released. The seller get an attorney and they advise....save yourself some money and go to closing now! Had one where a seller had a significantly higher offer and thought they could settle for $ and still make a profit....not so, the seller performed under the contract and the release was filed.

    Later folks, gotta go! Good luck...

  • Investor · Atlanta, GA · Member since 2009 · 35 posts · 49 votes
    16y

    I remember in my super newbie days, when I was trying to wholesale a property, I found a buyer that was interested in buying my property, but did not want to put any earnest money down. Having no choice, and a limited buyer's list at the time, I spoke to my attorney and he told me the contract is still valid without earnest money and said that I could write something like the following in the additional stipulations area for clarification:

    "The Buyer and Seller mutually agree that there will be no Earnest Money attached to this contract, but, nonetheless agree that consideration will be the mutual agreement between the Buyer and Seller according to the terms herein this Purchase & Sale Agreement."

    This was a valid contract, according to my attorney, because the consideration was the mutual agreement of the terms. Well, in the end, the buyer didn't show up to closing, I was labeled a super newbie and learned a valuable lesson... when selling, get earnest money! :) It was pointless to sue as the seller for specific performance and waste time and money... I just went out and found another buyer (this time with $2K earnest money) and ended up wholesaling the deal and upped my status to just a regular newbie! Woohoo! :)

Join the conversationCreate a free account to reply, vote on answers and follow this thread.