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Can a Seller Keep the Earnest Money Deposit? Yes – Here’s When

Redfin

The money is held in escrow and is typically applied towards the buyer’s closing costs or down payment. So when can a seller legally keep the earnest money deposit? If a buyer walks away from the deal outside of those protections, they’re often in breach of contract, and the seller may be entitled to the earnest money.

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Earnest Money and House Deposits Explained

Rochester Real Estate

The Essentials of Home Deposits When you make an offer on a house , you want the seller to take their property off the market. This isn’t without risk for the seller, and to show you are serious about the purchase, a good faith house deposit is required. The answer depends on who didn’t follow the contract properly.

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Should You Make a Clean, No-Contingency Offer?

Redfin

If the conditions stipulated in the contingency clause are not met, the buyer can break the contract without facing financial repercussions. Therefore, contingencies are a means of providing buyers with protection against the risks involved in purchasing a home. What does ‘no contingency’ mean?

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7 Common Contingencies in Real Estate That Buyers Should Know

Redfin

This Redfin article explains how contingencies work, which ones to expect, and how they help you avoid costly setbacks during the homebuying process. Home inspection contingency This is one of the most frequently used contingencies in real estate.

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What is Due Diligence in Real Estate?

Redfin

You can schedule inspections, review the title, secure an appraisal, and check for any red flags that could affect your decision to buy. In some states, buyers may also pay due diligence money—a non-refundable fee paid directly to the seller in exchange for this inspection window. How the Process Works 3.

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Can You Get Your Earnest Money Back at Closing?

Redfin

This deposit is usually between 1% and 3% of the homes purchase price, but the amount can vary based on the local market and the agreement between you and the seller. This ensures that neither the buyer nor the seller can access the money prematurely, protecting both parties during the transaction. You may receive a refund.

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Is Earnest Money Refundable? When You Can (and Can’t) Get It Back

Redfin

These protections usually come in the form of contingencies , which are clauses that allow you to walk away from the sale without penalty if certain conditions aren’t met. If this happens and they’ve included the right contingency, the buyer can usually walk away with their earnest money deposit.