Good information for the consumers here, as I have gone through two litigation process in the past 120 days and going through one now. The purchase agreement is binding and buyers have legal recourse. Consumers need to hire an experience agent like yourself, to contractural protect them. Good work here! Keep rocking!
If a buyer finished appraisal and inspections and the contingency are over and closing day is just a few days away. Can the buyer back out, would they just lose the earnest money. What are liquidated damages, is that just part of earnest money. If earnest money is only 1,000 also
Hello there! A buyer can always back out...the question is how much is it going to cost them? I am not sure where you are from, but in California both the seller and the buyer have to agree to have the earnest money released from escrow if the buyer backs out of escrow...even if all contingencies and investigations are not completed. If the buyer and seller refuse to release the money to eithre party, then they would go to Mediation and Arbitration. Never recommend this! Liquidated damages can be your mortgage payment, prorated property taxes, a lease you signed to rent a property after you sell your house, moving expenses etc. $1000 Earnest Money deposit seems extremely low. In my area, it is customary to put down 2-3% of the sales price for the Earnest Money Deposit. Hope that helps!!
Can we back out of our offer BEFORE any money is deposited into Escrow? Yes, we signed the agreement but have not deposited anything into Escrow and it's only 1 day since our offer was accepted.
Yes you can! However, in California if the seller thinks there was some "funny" business going on, they can go after you. If you don't want to move forward, I would cancel the contract ASAP. You don't want to delay this decision if you want to cancel.
You can't force a seller to sell or make them accept money. If you do open escrow (we have escrows in California), you can wire your earnest money deposit into escrow. If you do have a signed contract, you can take them to mediation/arbitration if they don't follow their seller obligations. Its expensive and a major hassle.Sounds like you are in a pickle. So sorry.
I am in California. I was in the process of purchasing a short sale. The sellers bank took 45 days to approve the loan. A few weeks in I was not approved for a loan. We signed an extension of time to try to negotiate with the mortgage officer im working with but i was still not approved. I did not releasee contingencies. Can I get my earnest deposit back if we have been in escrow for 2 almost 3 months?
If all contingencies have not been released, you should be able to get your earnest money deposit back (don't know if there were any other stipulations in the contract). The earnest money deposit usually needs mutual agreement from the buyer and the seller before funds are released from escrow. I believe you made your offer contingent on you receiving loan approval. If you did, then you have the right to back out of escrow without any liquidated damages owed to the seller. I would check with your realtor to see how the contract was written. Just don't release those contingencies without full loan approval. Hope this helps.
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Good information for the consumers here, as I have gone through two litigation process in the past 120 days and going through one now. The purchase agreement is binding and buyers have legal recourse. Consumers need to hire an experience agent like yourself, to contractural protect them. Good work here! Keep rocking!
Thanks Paul Tran! Hope the litigation process works out in your favor!!!
I am first time seller in CA and towards the end of the contingencies being lifted. 3 more days. This process is nerve racking.
If a buyer finished appraisal and inspections and the contingency are over and closing day is just a few days away. Can the buyer back out, would they just lose the earnest money. What are liquidated damages, is that just part of earnest money. If earnest money is only 1,000 also
Hello there! A buyer can always back out...the question is how much is it going to cost them? I am not sure where you are from, but in California both the seller and the buyer have to agree to have the earnest money released from escrow if the buyer backs out of escrow...even if all contingencies and investigations are not completed. If the buyer and seller refuse to release the money to eithre party, then they would go to Mediation and Arbitration. Never recommend this! Liquidated damages can be your mortgage payment, prorated property taxes, a lease you signed to rent a property after you sell your house, moving expenses etc. $1000 Earnest Money deposit seems extremely low. In my area, it is customary to put down 2-3% of the sales price for the Earnest Money Deposit. Hope that helps!!
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Can we back out of our offer BEFORE any money is deposited into Escrow? Yes, we signed the agreement but have not deposited anything into Escrow and it's only 1 day since our offer was accepted.
Yes you can! However, in California if the seller thinks there was some "funny" business going on, they can go after you. If you don't want to move forward, I would cancel the contract ASAP. You don't want to delay this decision if you want to cancel.
Ok, thank you!
@@AudraLambert
Sellers can back out of the deal. They just don't sign anything and don't accept the money. How can you force someone to take the money?
You can't force a seller to sell or make them accept money. If you do open escrow (we have escrows in California), you can wire your earnest money deposit into escrow. If you do have a signed contract, you can take them to mediation/arbitration if they don't follow their seller obligations. Its expensive and a major hassle.Sounds like you are in a pickle. So sorry.
@@AudraLamberthey this is happening to me! Can they sell the property at the same time?
I am in California. I was in the process of purchasing a short sale. The sellers bank took 45 days to approve the loan. A few weeks in I was not approved for a loan. We signed an extension of time to try to negotiate with the mortgage officer im working with but i was still not approved. I did not releasee contingencies. Can I get my earnest deposit back if we have been in escrow for 2 almost 3 months?
If all contingencies have not been released, you should be able to get your earnest money deposit back (don't know if there were any other stipulations in the contract). The earnest money deposit usually needs mutual agreement from the buyer and the seller before funds are released from escrow. I believe you made your offer contingent on you receiving loan approval. If you did, then you have the right to back out of escrow without any liquidated damages owed to the seller. I would check with your realtor to see how the contract was written. Just don't release those contingencies without full loan approval. Hope this helps.
Interesting and confusing thanks.
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