Earnest Money - Posted by Pat Davis

Posted by Tommy T on April 05, 2006 at 02:57:19:

That’s going to depend upon the terms of your purchase agreement; if
it was written by a realtor, there is language in there specifying what
happens to the earnest money if the buyer cannot get financing within
an agreed-upon period of time. If your new lender can close before
the purchase agreement expires, the seller will have to wait. If you
have a written loan approval from a new lender but are running out of
time, you would ask the seller for an extension of the closing date.

Unless the seller has backup offers, you would point out to them that
they will close much sooner by giving you an extension, than if they
wait for a new buyer to come along and start the process all over, with
a chance the next buyer may not be able to close.

Curious, is this an actual deal, or a hypothetical situation?

Earnest Money - Posted by Pat Davis

Posted by Pat Davis on April 02, 2006 at 15:48:39:

If a buyer has an earnest money contract, can the seller continue to advertise that the house is for sale without showing a contract pending?

Re: Earnest Money - Posted by Tommy T

Posted by Tommy T on April 02, 2006 at 23:54:01:

Yes. But an agent can’t, if there is an agent.

The seller does have a right to advertise and solicit backup offers, but
should inform prospectsthat their offer is in a backup position.

This doesn’t mean a seller always does what they are supposed to.
Need to protect your position? Record a Memorandum of Agreement.

Re: Earnest Money - Posted by Cornelius Williams

Posted by Cornelius Williams on April 04, 2006 at 17:33:32:

If the deal fell through due to financing with one company and you found a different company to finance the loan, but the seller do not want to wait for the paper work to complete and decide to put the property back on the market is the buyer reimburse for the earnest money.